EXPERIENCE. DEDICATION. RESULTS.
COPD
I worked with asbestos and I have been diagnosed with COPD. Why is Brown Law not willing to pursue my claim?
Chronic obstructive pulmonary disease (COPD) is a progressive, irreversible lung disease that restricts airflow, making it difficult to breathe. It primarily encompasses two main conditions: emphysema (damaged air sacs) and chronic bronchitis (inflamed, mucus-filled airways). Cigarette smoking (or second-hand smoke) is the cause in 99% of all cases of COPD. With this diagnosis, experience has taught us that your claims will be rejected.
If you call me, I am going to question your COPD diagnosis. Were you a smoker? Did you reside with a smoker? How long have you had that diagnosis? Did you tell your respirologist that you experienced extensive exposure to asbestos?
Only the following diseases can (currently) be attributed to asbestos exposure.
Within each category, there are additional evidentiary factors required including, but not limited to, an opinion from your treating specialist that your condition was caused or contributed to by asbestos exposure.
The wording of x-ray and CT reports is variable. Various descriptive phrases are set out later in this page.
Asbestos diseases, by descending level of severity:
| Mesothelioma (Level VIII) | definitive diagnosis of mesothelioma |
| Lung Cancer 1 (Level VII) | Primary cancer with underlying non-Malignant disease |
| Lung Cancer 2 (Level VI) | No underlying non-malignant disease required Medical confirmation that asbestos caused or contributed to diagnosis |
| Other Cancer (Level V) | Diagnosis of a primary co lo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying Bilateral Asbestos-Related Non-malignant Disease. |
| Severe Asbestosis (Level IV) | less that 65% lung volume together with Pathological Evidence of Asbestosis * |
| Asbestosis/Pleural Disease (Level III) | Less that 80% lung volume Pleural Disease including fibrosis ** |
| Asbestosis/Pleural Disease (Level II) | No minimum lung function Plaques minimum of 5 mm |
| Other Asbestos Disease (Level I) Including pleural plaques | Cash Discount payment Depending on trust, $50 – $500 |
* Pathology report wording for evidence of asbestosis include;
Ferruginous bodies identified as asbestos bodies;
Histopathological Findings: – Acceptable if related to asbestos exposure: A pattern of peribronchiolar fibrosis;
Increased evidence of collagen in the walls of the respiratory bronchioles;
Fibrosis in the walls of the terminal bronchioles or alveolar ducts
Fibrosis of the alveolar septa;
Sub-pleural fibrosis in the alveoli closest to the bronchioles;
Honeycomb changes in the lower lobes;
Interstitial fibrosis is not found only around the tumor site.
** CT report wording includes; Honeycombing, thickened interlobular and intralobular lines, Centrilobular peribronchiolar fibrosis, Parenchymal Bands, Curvilinear subpleural lines, Subpleural dependent densities are phrases to confirm interstitial disease.
Having an asbestos compensation claim approved starts with a clear diagnosis of your condition. That is a crucial step.
Other factors that must be considered and addressed are:
Exposure: Where, When. How and Why. Having Affidavits prepared for signature by the injured party setting out the details of personal exposure is essential. As obtaining a work history from the Canada Pension Plan (CPP) can take weeks, getting this portion of the claim started immediately is vital.
As we are in Canada where the majority of our client’s reside, there is a lack of documented places where asbestos products by any single manufacturer were used historically. Missing the sworn Affidavit aspect of claim preparation may be fatal to claim success. Few trusts accept family sworn Affidavits as a substitute for firsthand knowledge.
If the injured party is responsible for the majority of the financial income, many trusts have an individual review process to increase the compensation paid to reduce the impact, should the injured party pass away as a result of their asbestos caused disease.
If the injured party is still working at the time of diagnosis, income information to document the loss of income must be obtained from the Canada Revenue Agency. Another lengthy process. If you, or a loved one is suffering from Mesothelioma, or one of the asbestos caused cancers or illnesses, Contact us to figure out what we can do for you and your family. There is no charge unless we are retained and obtain funds for you.