How Nasal Cancer may be related to your place of work

Sept. 9, 2015 - PRLog -- Ten years after its first report, the Health and Safety Executive (HSE) conducted an investigation into the occupational risks of sinonasal cancer in 2011 and published its findings in 2012. Symptoms of paranasal sinus cancer, also known as nasal cancer can include nose bleeds and lumps on the neck which, because of their non-specific nature, often go ignored or misdiagnosed. Unlike South Africa and areas of East Asia, paranasal sinus cancer is relatively rare in the UK with, on average, only 400 new diagnoses each year and instances being more common in men. However, although genetic cancers do not play a large part in the development of sinonasal cancer, men are more likely to be affected and most new diagnoses are patients with a history in the woodwork or furniture industries, hence the interest by the HSE.

Among those who are consistently exposed to wood dust over a period of a number of years, chances of cell mutation leading to eventual cancer diagnosis are considerably higher than the general population. For example, Valerie Lund, a professor of rhinology at University College London, has said that the risk of developing a tumour in the upper nose is at least 70 to 80 times higher in woodworkers than the general population. Numerous studies have therefore established that exposure to wood dust in the development of sinonasal cancer is likely to be a cause. In view of this, wood dusts are considered carcinogenic to humans.

As a result of the hazards presented by occupational exposure to wood dust, employers have a duty of care to adequately protect employees and to ensure that they are taking sufficient steps to limit exposure to carcinogens produced in the course of work. The Control of Substances Hazardous to Health Regulations 2002 require the use of the most effective and reliable options to minimise the spread of hazardous substances and an employee’s exposure. Such measures include providing:

- wet dust suppression
- local exhaust ventilation
- face masks

A failure to provide such protections against exposure to wood dust and other carcinogens for workers may lead to other ailments; for example, asthma as a result of wood dust inhalation is four times more prevalent in carpenters than the rest of the population.

The past few years have seen several cases regarding death as a result of nasal cancer brought before the courts. In 2011, £375,000 was awarded to the wife of a former cabinet maker, Ken Mitchell, who died of sinonasal cancer in 2005 aged 56, four years after his initial diagnosis. In addition, following the publication of the HSE report, a former timberman was awarded £70,000 in compensation from his former employer for contracting nasal cancer (which wasn’t detected until an operation to correct hearing difficulties). Levels of compensation depend on the severity of nasal cancer symptoms, age, effects of chemotherapy, the length of periods of treatment and the possibility of recovery.

The difficulty in claiming for nasal sinus cancer is that diagnosis often doesn’t take place until long after the business responsible for exposure has merged or closed down.

Garret Spring, Head of Occupational Disease and Illness said, “Making a claim is not impossible in such a case, though as demonstrated by the Mitchell case where the business had closed down but the original insurers responsible for employee compensation were found.  At NewLaw we often have cases where we need to investigate what has happened to the business and we have obtained  compensation in these circumstances, which is very much needed for clients that require support and help when they are going through such a traumatic time.

‘Under the terms of the Third Party Rights Against Insurers Act 1930, in the event that an employer is insolvent or no longer in existence, compensation can be sought directly from the insurer.”

Sinonasal cancer or Nasal cancer remains rare in the UK and as a result, isn’t as embedded in the national consciousness as other work-related ailments such as mesothelioma or vibration white finger.  However, survival rates for nasal cancer are rather low in comparison to other types of cancer with an early stage diagnosis providing a 35-60% chance of survival after five years and a late stage diagnosis providing a 20-30% chance of survival over the same amount of time. As a result, early diagnosis is paramount and where a doctor believes that the cancer has been caused as a result of working conditions, a claim can begin immediately. It is best to obtain advice from a specialist solicitor who will advise on whether your claim is likely to succeed, and who will work to collect as much evidence as possible to attribute the cancer to work conditions. Where a link can be established, an employer will be required to pay a sum to compensate for the unnecessary exposure to carcinogens. If you or someone you know has been diagnosed with Nasal Cancer, it is essential to find the right solicitor who has experience and that can fight for your case.

For more information visit: http://www.new-law.co.uk/Work-Place-Illness-and-Disease-S...