Asbestos Compensation Claims

Asbestos contains microscopic fibres that, when disturbed, enter the air and can be easily inhaled by anyone nearby. The durability of these fibres means they don't break down within the human body and instead become attached to the lining of the lungs and other areas of the respiratory system. They are almost impossible to expel. It is these fibres that cause healthy cells to mutate and turn cancerous.

If you have been exposed to asbestos and believe you have an asbestosis claim, pleural thickening claim or asbestos cancer claim, speak to our specialists. We offer a Free Claims Assessment to learn more about your case and judge whether you could be due compensation.  

Asbestos was commonly used in building in the UK throughout the mid-20^th century, particularly in shipbuilding and as insulation in factories, schools, hospitals and homes. The use of asbestos was completely banned when the health risks became apparent. However, in many instances, the damage had already been done.

Most people who develop asbestos-related illnesses were exposed to it while working in this period. Secondary exposure through actions such as washing clothes with asbestos fibres attached can also have damaging effects.

We’ve represented a range of people affected over many years, including:

• Plumbers
• Electricians
• Welders
• Carpenters
• Plasterers
• Painters and decorators
• Hospital workers
• Teachers

It can be decades before signs of asbestos-related conditions, such as pains in your chest, shortness of breath and coughing, can become apparent. That’s why it’s so important to have the help of an expert Asbestos Solicitor if you’re making an asbestos claim years after your initial exposure.

The diagnosis of an asbestos-related disease can have a huge impact on your life and your family. That’s why we aim to get justice for you while offering support and assistance throughout the claims process.

If you’re asking yourself, ‘Can I claim for asbestos exposure?’ our friendly advisors can take your call and complete a Free Claims Assessment.

Making an asbestos compensation claim isn’t about punishing a negligent employer. The compensation you receive can help provide for you and your family and make sure you enjoy the time you have left.

Crucially, it also raises awareness of this ongoing problem and puts pressure on the Government to do all it can to protect other workers from possible risk.

If you were exposed to asbestos as part of your job and are suffering from an asbestos-related condition, you could make a claim for compensation. Get in touch with one of our Asbestos Solicitors for a Free Claims Assessment.

If a loved one has sadly died because of asbestos exposure, it is possible to claim asbestos-related death compensation. The 3 year time limit starts from their date of death, providing they died within 3 years of their diagnosis. This is known as the limitation period.

Always get legal advice as soon as you have been diagnosed with an asbestos-related illness as the rules on limitation can be complex.

There is a 3 year time limit on making a personal injury claim. In asbestos claims, this applies from when you are first diagnosed with an asbestos related condition, not from when you were first exposed to asbestos.

You don’t personally need to give us any specific medical information in the first instance. If you’ve been to hospital, it’s very likely that you’ll have recently had an x-ray, scan, or possibly a biopsy.

Our specialist Asbestos Solicitors will always try to get this information from your GP or from the hospital you’ve been treated at as a matter of urgency.

Your Solicitor will work to get a medical diagnosis letter, which will be useful when making your claim.

The length of time an asbestos claim takes depends on the complexity of the individual case. However, on average, a mesothelioma asbestos claim can take anywhere between 6 and 18 months.

Lung cancer and asbestosis claims generally require a great deal more evidence to make a successful claim, so it can take more time to reach a settlement. This could be as long as three years from the initial diagnosis.

In asbestos cases, you generally have three years from the date of diagnosis to make a claim.

You should get in touch with us as soon as you become aware of your condition. Alternatively, if someone dies from an asbestos-related condition, the estate can make an asbestos claim after death within three years.

The asbestos claims process will look like this:

• Initial legal advice
• Getting medical records
• Getting work records / DWP records
• Writing a letter to the defendant(s)
• Arranging medical examination and obtaining report
• Defendant conducting their own investigations
• Investigation period
• Obtaining evidence for financial losses
• Commencing court proceedings if necessary

The unique nature of each asbestos claim means we can’t say exactly how long it will take to resolve.

Sometimes it takes up to three years from instruction for a settlement to be achieved, but one recent case we dealt with was resolved in just 10 weeks. Don’t worry, though, we’ll let you know straight away roughly how long your claim may take.

We’ll offer many kinds of support throughout the asbestos compensation claims process, including:

• Guidance on applying for state benefits and lump sum payments from the Government
• Advice and help on aids for the home and nursing care
• Helping you find local support groups and asbestos charities
• Assistance with cost of travel to hospital appointments
• Advice and assistance on making a will, taking out a grant of probate and trusts
• Home visits
• Assistance to the family in dealing with coroners and inquests following the death of a loved one

We can usually deal with your case on a No Win, No Fee basis, so ask us for details.

Yes. From the mid-1980s onwards, rules and regulations have been brought in to ban the use and importation of the two main types of asbestos – crocidolite (blue) and amosite (brown) – and control the use of a third – chrysotile (white). In 1999, the import and application of chrysotile was also banned and strict rules for working with existing asbestos installations have continued to be updated since, resulting in the Control of Asbestos Regulations 2012.

Unfortunately, there is no legal aid available in asbestos claim cases. However, we deal with many asbestos claims on a No Win, No Fee basis.

This means you won’t pay any legal fees if your case is unsuccessful, providing you have the right insurance. Don't worry, though, as we can help you source it.

Since 1972, companies are required by law to take out Employers' Liability Insurance, making sure they're covered for the illness or injury of any of their employees. If the employer has ceased trading, the insurer is then responsible for any settlement. It's the duty of a good law firm to use their experience, knowledge and resources to track down insurance firms and make sure they pay.

If the employer didn't have any insurance (pre-1972, it wasn't compulsory), the Government’s Diffuse Mesothelioma Payment Scheme (DMPS) is available. This scheme is based on a tariff compensation system factoring in your age and when you were diagnosed.

Whether you've made a civil claim or not, there is a Government lump sum payment available to all victims of mesothelioma. Most Asbestos Solicitors will sort this automatic entitlement out almost immediately, as these funds can be made available within a few weeks of diagnosis.

If you have not made a civil claim or contacted a Solicitor, it's still possible to claim this Government lump sum payment for mesothelioma. Where possible, it should always be claimed during the affected person’s lifetime. If, however, the person has died, the husband, wife, civil partner or child should apply for this payment within 12 months of their death.

This is unique in that it is the only automatic payout for a disease offered by the Government. Anyone with a diagnosis of mesothelioma is entitled to an award, whether the sufferer had any past asbestos exposure or not. Awards are banded by age and time of diagnosis. Sufferers of other asbestos-related diseases could also claim a lump sum payment, dependent on the level of exposure and their respiratory impairment.

There are many other state benefits available for people who have been diagnosed with an asbestos-related illness. We can help you to access these benefits when making your asbestos claim. They can include:

• Personal Independence Payment (PIP) for people under state retirement age
• Attendance Allowance for those over state retirement age
• Industrial Injuries Disablement Benefit (IIDB)

An application for a Blue Badge can also be made.

If you have been diagnosed with an asbestos-related disease, your first step is to get independent legal advice.

For a Free Claims Assessment or to start your Asbestos Claim, call our Personal Injury solicitors or ask us to call you back and we will help you.