Are you being exposed to asbestos in your home?

If you are exposed to asbestos fibres while in the workplace or at home and contract an asbestos-related disease then you may be able to make a compensation claim. Although many think that there is little that can be done if an asbestos-related disease is contracted as a result of asbestos exposure in the home, there have been successful cases where both council tenants and private tenants have made successful asbestos claims.

Where is asbestos found?
Asbestos was used in building materials from 1930 to around 1980, especially from 1960s onwards. This means that many homes also built around this time may contain asbestos materials and properties built after 1990 are extremely unlikely to contain any asbestos materials.

Initially, asbestos was used to provide rigidity, heat insulation and fire resistance to building materials but once its potential to cause fatal diseases, such as mesothelioma, were realised the use of asbestos was banned in the UK and much of Europe.

When its use was prolific, asbestos could be found in the following places throughout our homes and has lead to the contraction of illness amongst many residents who disturbed the deadly dust:

• Insulating boards

• Panels at the back of gas fires

• Storage heaters

• Bath panels

• Lagging

• Heating pipes

• Electrical conduits

• Ventilation ducts

• Sprayed coating

• Filler in textured coating and wall covering, such as Artex and Wondertex

• Cement

• Plastic and linoleum floor tiles

• Cushion flooring

• Artificial slate roofing

• Garage roofs and walls

• Eaves, gutters and rainwater fall pipes

• Tapes

• Felts

• Blankets, such as fire blankets

• Oven gloves

• Ironing boards

• Seals on oven doors

• Brake linings and pads

• Clutch linings

How can asbestos in the home be managed?
There are three main types of asbestos: crocidolite (blue), amosite (brown) and chrysostile (white), all of which are potentially damaging. As long as the fibres remain undisturbed the asbestos will stay relatively harmless and will not need to be removed.

However, if asbestos materials become damaged you may need to seek advice and take immediate action to resolve the problem before dangerous asbestos fibres become airborne and pose the threat of causing asbestos-related diseases. Asbestos could be disturbed in any of the following ways:

• Using wallpaper scrapers on walls containing asbestos
• Using sandpaper to rub down panels or wall coverings containing asbestos
• Using electrical tools to work on materials containing asbestos
• Smashing up materials containing asbestos

When deciding on the best course of action after discovering that you have asbestos lying dormant in your home you should take into consideration that removal of asbestos should be avoided unless absolutely necessary as such action will disturb the asbestos fibres. Your options are as follows:

• Repair - this usually involves treating the material with a sealant that coats or binds the asbestos fibres together and is a popular method for fixing pipe, furnace and boiler insulation.

• Cover - placing something, such as a protective wrap or jacket, over or around the asbestos material to keep the dangerous fibres enclosed.

• Remove - this is the most expensive and most dangerous methods and should always be carried out by a trained contractor to minimise health risks.

Remember.

• Do not disturb or damage asbestos materials which are in good condition.

• Do seek advice before carrying out renovations on your house in case your building contains asbestos.

• Do not remove or carry out major repair on any materials containing asbestos without seeking professional advice and assistance first.

• Do not use power tools or any other equipment which may create dust when dealing with asbestos materials.

• Do dispose of all asbestos materials carefully and dispose of as asbestos waste.

Asbestos claims, tenants and the law
While the law does not state that a landlord has specific duties when considering the presence of asbestos in their property, the Environmental Protection Act (EPA) 1990 defines statutory nuisance as, "Any dust.likely to cause injury.to the public."

Therefore, home owners are responsible for asbestos in their homes and the law becomes an issue once asbestos in a privately owned home harms anyone other than the owner, such as paying tenants, staff or neighbours.

If exposed to asbestos while in the home there are several courses of action. While a landlord is ultimately responsible for your health and safety, it is best to seek advice from your tenant's association, local Environmental Health Officer, law centre, Citizen's Advice Bureau the Health and Safety Executive or your own solicitor.

In order to make a successful asbestos claim after being exposed to asbestos in the home, a defendant must usually have suffered personal injury. For example, those compensation claims made by residents who have contracted asbestos-related diseases are most common and most successful.

Make a claim for asbestos compensation today
If you, or someone close to you, have suffered an asbestos-related disease as a result of asbestos exposure in the home, place of education or workplace, then it is likely that you have a good case to make an asbestos claim.

YouClaim are associated with a panel of personal injury solicitors who are highly experienced at working with people who have sustained industrial injuries in accidents at work, particularly those related to asbestos, and they boast a fantastic claim success rate.

We work under the no win, no fee policy and making a claim through us won't cost you a single penny, no matter what the outcome of your case. We won't charge you anything at any time whether you win or lose your case and we also guarantee that you will receive all compensation awarded to you.

For free legal advice you can chat to one of our claims advisors online or give us a call on 0800 10 757 95 to make an asbestos claim today.