Asbestosis compensation claims

This will vary from case to case and will depend on the type of disease you are suffering from, the medical treatment that you may require and any losses incurred.

The claim amount may be made up of the following:

• An amount for the disease itself. Any care that you have received in the past and any that you may need in the future, whether that is paid or unpaid. We can also include a claim for costs incurred by a hospice (both visits to the home by hospice nurses and residential care).
• Any loss of income that you have suffered and any that you may suffer in the future.
• The cost of the requirement of additional services such as DIY, gardening, window cleaning etc, (Whether those services are paid for or provided by a friend or family member).
• A claim on behalf of dependants (such as a spouse, child or other family member) for services provided, care provided or financial dependency.
• Out of pocket expenses such as aids and equipment, travel, private medical costs and alternative treatment costs.

There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:

For mesothelioma:

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979
• Diffuse Mesothelioma Scheme 2008
• Diffuse Mesothelioma Payment Scheme 2014

For asbestos related lung cancer:

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979

For benign asbestos related diseases (asbestosis and asbestos-related diffuse pleural thickening):

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979

We are happy to advise or assist you in making any appropriate applications

A lot of types of asbestos have been under restrictions since the 1970s, the last type was banned in 1999. It is therefore possible to have been exposed to asbestos whilst working on buildings that were built or refurbished before 2000 and in many other professions, we see a large number of former laggers’ or plumbers who have been diagnosed with an asbestos-related disease after exposure at work.

Guidance regulations were introduced in 1970 on the use of asbestos in the workplace. These days, employers must follow strict rules set out by the Health and Safety Executive. They should:

• Identify any asbestos present and what type it is
• Carry out a risk assessment to see whether it is possible to do the work without asbestos exposure
• Consider whether the work should be done by a contractor who holds a special license to handle asbestos
• Notify the relevant authority to let them know about the work that will involve asbestos
• Provide training and protective equipment to employees

If your employer failed to follow regulations around the use of asbestos and you later developed an asbestos-related illness, you could be entitled to compensation.

Our highly experienced mesothelioma and asbestos claims solicitors are recognised by Legal 500 and Chambers as experts in handling asbestos related claims.

Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.

Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court. In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.

There is no bar to bringing a claim in the UK if you have been exposed to asbestos in the UK but you are now living abroad.

We act for many clients who have chosen to move abroad including those living in Australia, Gibraltar, New Zealand, Spain and Thailand.

If you are suffering from an asbestos related disease or condition and may have been exposed to asbestos whilst working in the UK, or for a UK based or owned company, you may be entitled to claim compensation.