Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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Mesothelioma is a type of cancer that is caused by exposure to asbestos and is most commonly contracted due to exposure to asbestos at work. Mesothelioma is often known by the term ‘Meso’, a shortened version of the full name.
The name ‘Mesothelioma’ comes from the fact that the cells affected by this cancer are the mesothelial cells that cover the outer surface of the body’s internal organs.
Mesothelioma can be found in the lungs, the heart, or the abdomen. Unfortunately, there is no cure for mesothelioma, and after diagnosis, victims may only have a short time to live. It will usually be investigated whether surgery, chemotherapy, and radiotherapy would be worthwhile; however, mesothelioma is considered to be a terminal illness. If you have contracted mesothelioma, you may be entitled to make a mesothelioma claim and should consult a mesothelioma solicitor.
There are two main types of mesothelioma called Pleural Mesothelioma and Peritoneal Mesothelioma.
Pleural Mesothelioma is the most common and is caused by inhaling asbestos fibres into the lungs. A tumour forms on the lining (pleura) of the lungs, which makes breathing difficult and painful. The majority of mesothelioma claims we deal with are for Pleural Mesothelioma.
Peritoneal Mesothelioma is less common but is also caused by exposure to asbestos. A tumour then develops on the lining of the abdomen (peritoneum), preventing it from working properly to lubricate the organs inside the abdomen. Although peritoneal mesothelioma is less common, we still deal with mesothelioma claims for this disease.
Mesothelioma can develop between 15 and 40 years or more after asbestos exposure. If you have been exposed to asbestos in the past and you start to suffer from any of the following symptoms, you should visit your GP and mention your concerns:
Some people with mesothelioma have no symptoms at all in the early stages; therefore, if you know that you have been exposed to asbestos in the past and believe it may be the cause of your symptoms, it is always a good idea to visit a doctor for medical advice. Any damage caused by asbestos may be possible to detect with a scan or x-ray.
It was commonplace for boilers to be insulated with asbestos lagging. Boilermakers also work alongside the contractors (laggers) who install and renew asbestos boiler insulation. This work has put boilermakers and laggers at a particularly high risk of developing mesothelioma.
Electricians are at risk of developing mesothelioma because they also work alongside laggers. They often have to cut or drill through asbestos insulation to install cable trays, instruments, switches, and wiring systems.
They are also at risk of mesothelioma due to sawing, drilling, and fixing or replacing asbestos cement board, often used in partition walls, suspended ceilings, flooring, roof tiles, and thermal insulation.
may have been exposed to asbestos as it was frequently used in brake pads and clutches. This has put some Motor Mechanics at risk of developing mesothelioma.
Installed, maintained, and repaired pipes, boilers, and heating systems. The nature of their work means that they have to cut or drill through walls as well as cut and assemble sections of pipe, remove and replace damaged sections of pipe, valves, flanges, etc. All of these tasks put them at risk of developing mesothelioma as pipes frequently used to be covered with asbestos lagging. As the pipes were cut, fibres from the asbestos lagging were released into the air and inhaled by the pipefitter or plumber.
Victims of mesothelioma are certainly not limited to the professions mentioned above. Our specialist mesothelioma solicitors have helped victims of this asbestos-related disease with their mesothelioma claims who have worked in many other professions, including firefighters, teachers, police officers, managers, and professors.
There are also a number of other key issues that need to be addressed from the outset. If the company is still in existence, does it have sufficient assets to be in a position to discharge a judgment handed down by the courts? Have you been exposed to asbestos on different occasions, circumstances, and/or in different workplaces? It is not unknown for companies defending claims to seek to ascertain, by way of court order, the circumstances surrounding your asbestos exposure. We have experienced a situation where the defendant sought a court order to examine the claimant’s boiler house flue to determine if that is where the asbestos exposure arose!
When the above issues have been established, there is a range of expertise required to bring the case to court, which includes the following:
Asbestosis is a serious medical condition caused by inhaling asbestos fibres, which can lead to lung damage and other respiratory problems. If you have been diagnosed with asbestosis or mesothelioma and believe that it is the result of exposure to asbestos in the workplace or from another source, you may be entitled to make a claim for compensation in Ireland.
The process for making an asbestosis / mesothelioma claim in Ireland will involve the following steps:
You should speak to a solicitor specialising in asbestos/mesothelioma claims, as they can advise you on the necessary requirements to pursue a claim.
Your Solicitor will assist you in gathering the necessary evidence to support your claim, such as medical records, employment records, and other documentation that shows the extent of your exposure to asbestos and the impact that it has had on your health.
Once the key information has been collated, your solicitor will submit your claim to the PIAB and the party responsible for your asbestos exposure.
If a settlement cannot be reached, your case may need to be taken to court. Your solicitor will represent you and present your case to the judge. It is important to note that the time frame for making an mesothelioma claim can vary greatly and may take several months or even years to resolve, therefore it is important to seek legal advice as soon as possible if you believe that you have a claim.
Employers’ responsibilities to workers have evolved over the years in the civil courts, and the employer’s duty of care to each of his employees can be reduced to five headings.
Put, the employer must provide:
All claims involving accidents in the workplace (employer liability cases) must be submitted to PIAB before starting legal proceedings. Employers must ensure the minimum health and safety standards in order to prevent (as much as possible) their employees from being injured due to an accident at work.
Under the Safety, Health and Welfare at Work Act, 2005 , employers have a duty to ensure their employee’s safety, health, and welfare at work as far as is reasonably practicable.
In order to prevent workplace injuries and ill health, you are required, among other things, to
If you have experienced injury or an accident in the workplace and have questions surrounding the incident, please contact our workplace injury solicitors at Coleman Legal LLP to find out if you have a potential legal action against your employer. Our dedicated team has a collective experience of over 30 years, and we are ready to advise and assist you with your claim.
If you want to take legal action over an injury, you should consult our accidents in the workplace solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contact Rose Sweeney or Philip Treacy by email or FREE phone us on 1800-844-104 to see how we can help you in relation to your injury or accident in the workplace.
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