Exposure to asbestos fibres and asbestos dust was first recognised as an occupational health hazard sometime in the early 1900s. Before the health risks were understood, asbestos was used in the building industry. It was used in flooring, roofing, insulation, and it was also sprayed onto walls. Now that the risks are understood, asbestos has been banned in the UK. However, some properties built before the year 2000 may still contain some asbestos.
Asbestos claims might be possible if you have received a diagnosis for an asbestos-related disease. Furthermore, family members could claim on behalf of a loved one who has died from diseases like mesothelioma and lung cancer due to asbestos exposure.
In this asbestos claims guide, we’ll look at some of the scenarios that could lead to a compensation claim. We will also look at how asbestos claims against employers or businesses work and what level of compensation might be awarded.
If you are looking into claiming, give us a call on 0800 6524 881. You won’t be under any obligation but our advisors will review your case and supply free advice. Where your claim appears to have strong grounds, we’ll refer you to one of our personal injury solicitors. Should they agree to take you on as a client, you’ll be represented on a No Win No Fee basis. That will make the asbestos claims process less stressful as you’ll only need to pay for your solicitor’s work if you are compensated.
Please continue reading to find out more. Once you’re finished, feel free to contact us with any questions.
Are You Eligible To Make An Asbestos Claim?
If in the last 3-years, you have been diagnosed with an asbestos-related disease, you could be entitled to claim compensation. To make a claim, you’ll need to show that:
- You have been exposed to asbestos in the workplace or elsewhere; and
- Your employer/property owner was aware of the risks but failed to mitigate for them; and
- Your illness has been caused as a direct result of asbestos exposure.
To help you understand the asbestos claims process, we’ve answered some common questions below:
What if you don’t know when you were exposed to asbestos?
During your asbestos claim, your work history will be reviewed to try and identify how you were exposed and whether you have the grounds to claim compensation.
Can I claim if my employer is no longer trading?
Asbestos claims can sometimes be brought against an insurance company representing a business that has ceased trading. Where this is not possible, it may be possible to claim compensation from a government-operated scheme if you’ve been diagnosed with asbestosis.
Who can claim compensation for secondary exposure leading to asbestos-related diseases?
Secondary exposure is possible if you came into regular contact with somebody who worked with asbestos. For example, you could suffer if you breathed in asbestos from their hair or work clothes. In these cases, a compensation claim might also be possible.
Who is at risk from asbestos-related diseases?
Those working in industries such as plumbing, shipbuilding, and construction were particularly at risk. However, people working in buildings like hospitals and schools also faced a risk as did those growing up near asbestos factories.
If you would like to talk to us about your case, please get in touch. We’ll listen carefully to your case and explain your options. Where there are grounds to proceed, we could connect you with one of our personal injury solicitors to see if they can help with a No Win No Fee asbestos claim.
Diseases And Illnesses That Could Result In Asbestos Compensation
As mentioned before, you might be compensated for asbestos-related diseases if they were caused by your employer’s negligence. Therefore, we’ve provided some information about those diseases here:
- A form of cancer linked to asbestos that covers the lining of the lungs and other organs. According to the NHS, around 2,600 people are diagnosed with mesothelioma each year in the UK.
- This is a serious lung problem that affects those who were exposed to asbestos over a long period. It can result in scarring of the lungs along with symptoms like wheezing, fatigue, a persistent cough, shortness of breath and swollen fingertips.
- Lung cancer is one of the most serious forms of cancer. Each year, around 47,000 people are diagnosed with it but these aren’t all down to asbestos exposure. Symptoms include coughing up blood, pains when coughing, persistent breathlessness, and unexplained weight loss.
- Pleural thickening. The pleural membrane covers your lungs and the inside of your rib cage. In healthy people, it is about as thick as a balloon. Scarring of the pleural membrane can cause it to thicken. Because of the thickening, the lungs may not expand as far as normal. As a result symptoms such as breathlessness might be experienced.
Please get in touch if you would like to know more about claiming compensation for any of these asbestos-related diseases.
How Much Compensation For Asbestos Diseases?
It is difficult to say how much compensation for an asbestos related disease each claimant will get because each case is different. Compensation payouts are generally based on the extent of your injuries and how they affect you now and in the future. Usually, asbestos claims are split into two parts. They are:
- General damages. This part concentrates on how much pain and suffering is caused by your disease.
- Special damages. In this part of the claim, you’ll look at what expenses or costs have been caused by the disease. This might involve claiming for care costs, medical expenses, travel costs, modifications to your home and any lost income.
Importantly, the value of any claim might vary depending on how the claim is processed. For example, you may receive a different settlement amount when claiming through a government-operated asbestos scheme rather than through your employer’s insurance policy. To find out what your claim might be worth, why not contact our team today?
Calculating Asbestos Claims Average Compensation Payout Amounts
In this section, we have listed some specific compensation payout amounts for diseases caused by asbestos exposure. The data we have used is based upon the Judicial College Guidelines as this is how solicitors and insurers can calculate and determine settlement amounts. Certain conditions will determine what level of compensation you might receive such as how progressive are your symptoms, how has/will your quality of life be impacted, and so-forth.
- £65,710 to £118,150 compensation for mesothelioma.
- £65,710 to £91,350 compensation for lung cancer.
- £36,060 to £99,330 compensation for serious asbestosis & plural thickening.
- £14,140 to £36,060 compensation for less serious asbestosis & plural thickening.
Again, each and every asbestos compensation claim is unique, therefore please take these figures as guidance and remember that any compensation you might receive could be paid at a different rate.
Time Limits For Asbestos Claims
As you might know, personal injury claims are bound by strict time limits. For asbestos claims, you’ll have 3-years to make a claim from when your illness is diagnosed. Importantly, if you are making an asbestos claim after death for a loved one, you’ll have 3-years to begin your claim from the date asbestos was identified as the cause of death.
Asbestos-related diseases can take decades to appear before they are diagnosed. Therefore, you could claim even if:
- You can’t remember when you were exposed to asbestos.
- Your employer’s business doesn’t exist any longer.
- You weren’t an employee of the company you believe caused your illness.
Our advice is to start the asbestos claims process as soon as possible. By doing so, you should give your solicitor utmost time to properly investigate how you were made ill and who was responsible. The process of claiming might seem complex but our team of solicitors have been helping clients for many years. Please call us today if you’d like to know more about your options.
Using A Personal Injury Solicitor In Asbestos Claims
There’s no denying that a lot of work is involved in asbestos claims. Not only are you looking at something that may have happened decades ago, but you might be trying to claim against a company that doesn’t exist any more. If that’s the case, you may need to claim through a government-backed scheme. If you fail to make your claim correctly, or within the specified time limits, you could miss out on any compensation you’re due.
For that reason, we believe it’s best to take on specialist legal representation. If one of our solicitors take on your claim, they’ll review your case in detail with you. They do this to make sure that the claim is directed at the correct defendant and that all aspects of your illness are considered.
So that you don’t need to deal with legal or medical questioning, your solicitor will control all communication. They will let you know how things are going regularly and you can ask them questions where needed. Where there are doubts raised about liability for your illness by the defendant’s insurer, your solicitor will provide extra evidence to try and counter them.
If you would like to start an asbestos claim for yourself or somebody who has died because of asbestos exposure, please call our team today on 0800 6524 881. Your case will be reviewed by a specialist on a no-obligation basis. If you have the grounds to proceed, they could forward your claim to a No Win No Fee solicitor from our team.
Thank you for visiting our site today for advice on asbestos claims.
Last updated 28th September 2021.