Dust Disease Medico Legal Reports (Asbestosis, Mesothelioma, Silicosis)

A class of lung conditions known as “dust diseases” are caused by breathing in certain products when they are in the powder or dust form. Due to the often, long latency period, many of these diseases can appear years after exposure to the dust products, and can produce symptoms such a persistent cough, dyspnoea (shortness of breath), mucus buildup in the airways, and chest pain. These dust diseases may be caused by exposure to fibres such as asbestos or silica, with frequent dust-related illnesses including:

  • Mesothelioma
  • Silicosis
  • Asbestosis
  • Coal Worker’s Pneumoconiosis
  • Lung Cancer

Types of Dust Diseases:

Malignant mesothelioma is a type of cancer which impacts the thin mesothelial lining of internal organs. There are several forms of mesothelioma, which are mainly distinguished by the area of the body where the lining of the organ is impacted.

The most prevalent kind, pleural mesothelioma, affects the lining of the lungs; whereas peritoneal mesothelioma affects the lining of the abdomen. Less prevalent are testicular mesothelioma, affecting the lining of the testicles; and pericardial mesothelioma which affects the mesothelial lining of the heart.

Pleural mesothelioma accounts for approximately 80-90% of mesothelioma cases, with common symptoms including a dry cough, chest pain, difficulty breathing/ shortness of breath, fatigue, night sweats and weight loss. Fluid may also build up in the cavity between the lungs and the chest wall, known as a pleural effusion, which further contributes to shortness of breath.

Peritoneal mesothelioma accounts for approximately 10-15% of mesothelioma cases, with common symptoms including abdominal pain, abdominal swelling and intestinal obstruction, night sweats and weight loss. Fluid may also build up in the abdomen, known as a peritoneal effusion, which can further exacerbate issues with abdominal pain and make bending at the abdomen very challenging.

The functional impact of mesothelioma will vary depending on which area of the body is impacted, and our reports comment on the likely care and assistive equipment required for an individual’s specific type of mesothelioma.

Past asbestos exposure can result in the chronic lung illness known as asbestosis. Inhaled microfibres have the potential to become lodged in the lungs, causing progressive lung tissue inflammation and scarring over time with diffuse pleural thickening and pleural plaques often evident on imaging scans. People who have worked in the building and construction industries; shipbuilding; and mining, where occupational exposure to asbestos dust is frequent, are predominantly affected by asbestosis.

Our reports comment on the likely care and assistive equipment required for an individual over the course of the progression of their asbestos related disease.

Silicosis is a long-term lung disease that is caused by inhaling crystalline silica  dust. Silica is a mineral found in soil, sand and many natural rocks and has also been used in the manufacture of artificial (or engineered) stone and other construction materials.

Once inside the lungs, the silica dust particles can damage and scar the lung tissue which makes the lungs less flexible therefore making it more difficult to breathe.

As with asbestosis, silicosis is a progressive condition and our reports will comment on the need and cost of  likely care and assistive equipment required at each stage of the disease progression.

Pneumoconiosis refers to any lung disease caused by the inhalation of airborne dust and fibres and is generally considered an occupational exposure condition. This condition commonly effects workers in the mining, textile milling, ship building/ repairing, agriculture, and sand blasting industries.

Frequently encountered examples of pneumoconiosis are discussed above (asbestosis and silicosis), with coal workers pneumoconiosis (CWP) being another example, commonly referred to as black lung disease.

Common symptoms include a cough, shortness of breath and increased phlegm production with increasing difficulty with breathing and general activity as the condition progresses.

Types of Dust Diseases:

Mesothelioma

Malignant mesothelioma is a type of cancer which effects the thin mesothelial lining of internal organs. There are several forms of mesothelioma, which are mainly distinguished by the area of the body where the lining of the organ is impacted.

The most prevalent kind, pleural mesothelioma, affects the lining of the lungs, whereas peritoneal mesothelioma affects the lining of the abdomen. Less prevalent are testicular mesothelioma, affecting the lining of the testicles; and pericardial mesothelioma which affects the mesothelial lining of heart.

Pleural mesothelioma accounts for approximately 80-90% of mesothelioma cases, with common symptoms including a dry cough, chest pain, difficulty breathing/ shortness of breath, fatigue, night sweats and weight loss. Fluid may also build up in the cavity between the lungs and the chest wall, known as a pleural effusion, which further contributes to shortness of breath.

Peritoneal mesothelioma accounts for approximately 10-15% of mesothelioma cases, with common symptoms include abdominal pain, abdominal swelling and intestinal obstruction, night sweats and weight loss. Fluid may also build up in the abdomen, known as a peritoneal effusion, which can further exacerbate issues with abdominal pain and make bending at the abdomen very challenging.

The functional impact of mesothelioma will vary depending on which are of the body is impacted, and our reports comment on the likely care and assistive equipment required for an individual’s specific type of mesothelioma.

Asbestosis

Long-term and past asbestos exposure can result in the chronic lung illness known as asbestosis. Inhaled microfibres have the potential to become lodged in the lungs, causing progressive lung tissue inflammation and scarring over time with diffuse pleural thickening and pleural plaques often evident on imaging scans following prolonged asbestos exposure. People who have worked in the building and construction industry, shipbuilding, and mining, where occupational exposure to asbestos dust is frequent, are predominantly affected by asbestosis.

Our reports comment on the likely care and assistive equipment required for an individual over the course of the progression of their asbestos related disease.

Silicosis

Silicosis is a long-term lung disease that is caused by inhaling crystalline silica  dust. Silica is a mineral found in soil, sand and many natural rocks and has also been used in the manufacture of artificial (or engineered) stone and other construction materials.

Once inside the lungs, the silica dust particles can damage and scar the lung tissue which make the lungs less flexible therefore makes it more difficult to breathe.

As with asbestosis, silicosis is a progressive condition and our reports will comments on the need and cost of  likely care and assistive equipment required at each stage of the disease progression.

Coal Worker’s Pneumoconiosis

Pneumoconiosis refers to any lung disease caused by the inhalation of airborne dust and fibres and is generally considered an occupational exposure condition. This condition commonly effects workers in the mining, textile milling, ship building/ repairing, agriculture, and sand blasting industries.

Frequently encountered examples of pneumoconiosis are discussed above (asbestosis and silicosis), with coal workers pneumoconiosis (CWP) being another example, commonly referred to as black lung disease, being another example.

Common symptoms include a cough, shortness of breath and increased phlegm production with increasing difficulty with breathing and general activity as the condition progresses.

The Role of Occupational Therapy in Dust Disease Cases

Each type of dust disease has a different prognosis and trajectory. Even within the same diagnostic categories, the symptoms can vary greatly.

For example, although all sufferers of mesothelioma experience cancer of the mesothelial lining, their symptoms can vary greatly depending on the location of the cancer. The severity of symptoms experienced and life expectancy will also vary depending on the type of cell structure: epithelioid, sarcomatoid or biphasic.

The role of the occupational therapy report is to provide a thorough and accurate evaluation of a claimant’s symptoms at the time of assessment, as well as to determine what (if any) past support family or friends may have provided at different stages since the onset of symptoms. Where surgery or treatment may have been provided, this level of past gratuitous support may have varied greatly and so a detailed interview and examination of the medical evidence provided is used to determine a timeline of past care and what is considered reasonable to claim.

Where a pre-existing condition is present, an occupational therapy report should clearly define the difference in functional limitation experienced due to the previous diagnosis, as compared to that which is or will be experienced as a result of the compensable condition. For example, if a claimant had emphysema or asbestosis and was then diagnosed with mesothelioma, an occupational therapy report will outline the difference in functional performance as a result of symptoms experienced due to the newly diagnosed condition.

An occupational therapy report will also comment on the likely care and assistive equipment required for an individual as their condition progresses, taking into account their type of dust disease, prognosis, and an understanding of the likely functional implications of their disease progression.

Why Choose Our Medico Legal Experts for Dust Disease Cases?

Independent OT Medico Legal occupational therapists have extensive clinical experience and expertise in working with people who suffer with a respiratory illness and disease. Our occupational therapists are highly skilled at conducting detailed assessment and interview processes which are essential to understand the full impact of a respiratory condition. All information gathered is then critically analysed and an objective opinion provided on any care and equipment required as a result of the dust disease.

Information provided by the individual and/ or their support person will be examined in conjunction with our own observations and paper based assessments to determine the extent of past gratuitous care that may be considered in a compensation claim. Any past gratuitous care is discussed in detail in the medico legal report and linked with medical evidence provided to ensure our assessments are justified.

Independent OT Medico Legal provides medico legal reports for both defendant and plaintiff lawyers as part of any compensation matter, aiming to deliver a balanced and objective report for every individual that we assess.

Frequently Asked Questions

You can seek a medico-legal report at any point after exposure to dust-related substances. Many dust diseases, such as asbestosis or silicosis, have a long latency period, with symptoms appearing years or even decades after initial exposure. It’s important to seek advice regarding a report as soon as a diagnosis is confirmed to document the extent of the disease and any subsequent care needs.

For a dust disease assessment, we request all relevant medical records, along with a letter of instruction detailing any specific questions to be addressed in the report. Relevant documentation may include specialist respiratory reports, chest X-rays, CT scans, hospital discharge summaries, and GP records. Typically, we require records from the time of symptom presentation onwards. However, if there are pre-existing conditions or other factors that make earlier medical history relevant, additional documentation may be requested.

Yes, our reports are tailored for use in both workers’ compensation and personal injury claims. We provide medico-legal reports for both defendant and plaintiff lawyers, ensuring an objective and thorough evaluation that supports the specific requirements of any compensation matter.

We do offer video consultations in certain cases for dust disease assessments, evaluated on a case-by-case basis. Whether a remote assessment is suitable depends on the nature and severity of the condition, as well as the client’s ability to participate effectively through this format.

For individuals with severe respiratory issues or mobility limitations due to their condition, in-home assessments are often preferred. This allows us to assess environmental factors that may impact health and ensure a thorough evaluation, which can be difficult to achieve through video consultations alone.

Absolutely. Our reports account for the entire progression of a condition, including any care provided since the initial diagnosis, even if it was made years ago. We examine past medical history, care timelines, and current needs to provide a comprehensive assessment, ensuring the report reflects the evolving nature of the disease.

The severity of dust-related diseases is evaluated through an in-depth assessment of symptoms, medical history, and prognosis. Our reports rely on interviews, medical evidence, and functional assessments to determine the current impact of the disease. We also consider how the disease may progress and the likely need for future care and assistive equipment.

Yes, we specialise in complex cases involving multiple respiratory conditions. Our reports distinguish between pre-existing conditions and new diagnoses, ensuring that the functional impact of each condition is clearly outlined. For example, if someone has both asbestosis and mesothelioma, we document the specific limitations caused by each disease.

No. As occupational therapists we do not comment on the requirement for medical care or treatment. This would most likely be provided by a respiratory medical specialist.

Contact Us for Expert Dust Disease Medico Legal Reports

Our skilled occupational therapists provide comprehensive, unbiased assessments to evaluate the impact of dust-related diseases such as asbestosis, mesothelioma, and silicosis. We deliver detailed reports to support fair compensation and guide future care planning.

Reach out today to schedule an assessment, call for expert advice, or email us your inquiry.