Compensation for asbestos-related diseases--the U.K. model

Our plain-English summary of Compensation for asbestos-related diseases--the U.K. model, by M. Britton (Respiratory Medicine, 1989).

The study

• Author: M. Britton
• Journal: Respiratory Medicine
• Published: 1989;83(2):95-102
• Cited by: 8 articles, as counted by NIH iCite
• Read it: PubMed · Publisher
• In J-M's library: Johns-Manville's company medical library held a copy (J-M no. 000053).

In plain English

This 1989 article was not a research study. It was a descriptive overview, written for doctors, of how people in the United Kingdom with asbestos-related diseases could seek compensation. The author described two routes: Industrial Injuries Disablement Benefit from the Department of Social Security, and a common law claim for damages against the firm or firms where exposure occurred. The diseases listed for benefit were asbestosis, diffuse mesothelioma, primary lung cancer accompanied by asbestosis or bilateral diffuse pleural thickening, and bilateral diffuse pleural thickening. Lung cancer and bilateral diffuse pleural thickening became prescribed diseases in 1985, and bilateral pleural plaques were dropped from the proposed lung cancer wording. Official figures showed lung cancer claims rising from 18 (8 awarded benefit) in 1985, counted from April, to 154 (55 awarded) in 1987. At eight Medical Boarding Centres, 140 of 417 asbestos boardings (34%) had a positive diagnosis in 1981, compared with 816 of 1,605 (51%) in 1987. The author judged that differences between centres seemed to have been eliminated. The article also covered medical reports, time limits, provisional damages and how awards were assessed.

We wrote this plain-English summary from the full article with the help of AI, and a second AI model checked each sentence against the article. It is not the authors' wording; the abstract and the article are their own account.

What the study did and found

• Design: Descriptive overview (practice article) of the UK compensation system for asbestos-related diseases; not an original research study
• Who was studied: No study population. The article describes UK claimants and gives official figures on claims and awards (source Hansard) and on asbestos boardings at eight Medical Boarding Centres (Cardiff, Glasgow, London, Manchester, Newcastle, Sheffield, Stoke, Swansea) in 1981 and 1987
• Exposure: Occupational asbestos exposure in the 'prescribed occupations', meaning working or handling asbestos or asbestos mixtures, including manufacture or repair of asbestos textiles and other asbestos articles; fiber types are mentioned only as 'blue, brown or white' in a discussion of apportioning blame
• Main results:
  • Asbestos-related prescribed diseases eligible for benefit: D1 pneumoconiosis (asbestosis); D3 diffuse mesothelioma of the pleura, pericardium or peritoneum; D8 primary carcinoma of the lung with asbestosis and/or bilateral diffuse pleural thickening; D9 bilateral diffuse pleural thickening
  • Lung cancer in asbestos workers was not a prescribed disease before 1985. Bilateral diffuse pleural thickening became prescribed from April 1985. Bilateral pleural plaques were deleted from the proposed lung cancer wording because the case for including them had not been established with sufficient clarity
  • D8 lung cancer claims: 18 claims and 8 awarded benefit in 1985 (from April); 59 and 34 in 1986; 154 and 55 in 1987. D9 bilateral pleural thickening claims: 88 and 61 in 1985 (from April); 199 and 111 in 1986; 268 and 115 in 1987
  • Asbestos boardings at all eight Medical Boarding Centres combined: 417 boardings with 140 positive diagnoses (34%) in 1981; 1,605 boardings with 816 positive diagnoses (51%) in 1987
  • The author stated that any disparity between centres in diagnosis and awarding of benefit seemed to have been eliminated
  • Once a diagnosis was made, a pension of at least 10% was payable even without appreciable disablement. Bilateral diffuse pleural thickening (D9) was an exception, requiring disablement before a pension was payable
  • The basic disablement pension for a 100% assessment was £67.20 a week (rates last increased April 1988)
  • Industrial death benefit for widows or dependants was discontinued from April 1988
  • Common law claims should be started within three years of the claimant becoming aware of the diagnosis, or the claim may become 'statute barred'
  • Provisional damages became available in personal injury cases from July 1985. Common law settlements were commonly six-figure sums for claimants unable to work due to their disability
• The authors' conclusion: The article has no formal conclusion. The author's stated purpose was that respiratory specialists should be able to advise patients with asbestos-related disease about eligibility for compensation and how to obtain it

Related studies

• Lump sum compensation for asbestos related lung disease — T. Williams, P. Slade, et al. (1998)
• A guide to compensation for asbestos-related diseases — M.G. Britton, D.T. Hughes, et al. (1981)
• Hyperventilation in men claiming compensation for benign asbestos-related diseases — G.K. Crompton (2010)
• Compensation scheme for complementary and alternative medicine use in asbestos-related diseases in New South Wales, Australia — C. Oak, H.J. Choi, et al. (2012)
• Workers' compensation for nonmalignant asbestos-related lung disease — C. Nevitt, W. Daniell, et al. (1994)
• Asbestos, asbestos-related diseases, and compensation claims in The Netherlands — P. Swuste, A. Burdorf, et al. (2004)

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