Asbestosis Claims | Asbestosis Compensation

What is asbestosis?

Asbestosis is a very specific condition that refers to fibrosis of the lungs caused from breathing in asbestos fibres over many years. The term asbestosis is often misused to describe almost any asbestos related condition which can be confusing.

It is usually individuals who have had significant exposure to asbestos, over several years, who go on to develop asbestosis. The effects normally appear 20 years or more after exposure. It can cause breathlessness and may become more severe over time.

Symptoms of asbestosis:

Shortness of breath
Persistent cough
Wheezing
Extreme tiredness (fatigue)
Pain in the chest or shoulder
In more advanced cases, swollen fingertips

Complications of asbestosis:

People with asbestosis also have a higher risk of developing other serious conditions, such as:

pleural thickening
mesothelioma
lung cancer

We have helped recover over £77 million in compensation since 2005 for those with asbestos related diseases. Get in touch to make your claim today.

Available benefits

Industrial Injuries Disablement Benefit

If you have asbestosis and believe the disease was caused by your employment then you are entitled to apply for IIDB, a weekly payment from the government. We are happy to put you in touch with a charity who can assist you in making any appropriate applications.

Pneumoconiosis etc (Workers Compensation) Act 1979

A lump sum payment under the Pneumoconiosis etc (Workers Compensation) Act 1979 can also be made where the asbestosis was caused by asbestos exposure at work. This is provided that no compensation from a civil claim in respect of the disease has already been received. The award is generally made where the employer has ceased trading and no insurer can be traced.

Asbestos exposure

In order to prove a claim for asbestosis the history of asbestos exposure needs to be moderate to heavy for many years. An asbestosis claim can be proven where there is a work history of asbestos exposure, in general terms - 1 year of heavy exposure to asbestos or 5-10 years of moderate exposure. As a general rule the greater the level of exposure, the greater the extent of the asbestosis.

Is compensation for asbestosis available?

When someone is diagnosed with asbestosis then legal advice should be sought to consider if a claim for compensation can be made.

When there is a death as a result of asbestosis then it is important that the local coroner is notified and that a post mortem takes place. The lung tissue samples can be analysed for asbestos bodies which can, together with exposure history, prove an asbestosis claim. It is important that the tissue samples are preserved until the conclusion of the legal claim.

How much will it cost to bring a claim?

We provide an initial consultation free of charge. At that meeting we can discuss and agree together how to fund an asbestosis compensation claim. In the majority of cases, we can offer Conditional Fee Agreements (CFAs or “no win, no fee”).

What should you do next?

In order to secure a successful claim, we will need to present evidence of asbestos exposure and the impact on your health as well as showing the failure by your employer (or company/other body if you weren’t employed) to protect you.

Below is a list of the steps we will take in an asbestosis case :

Obtain a medical report stating that you are suffering from an asbestos-related disease. This report needs to be produced by a reputed respiratory disease expert who is accustomed to producing medicolegal reports for the court (not just any medical professional)
Establish the exposure to asbestos occurred at a specific workplace or due to proximity to a particular asbestos-related industry.
Demonstrate that your employer (or other defendant) was aware of the risks and could have foreseen that there was a high probability that you could develop symptoms of asbestos-related disease. This should not be too difficult to prove since a lot of types of asbestos have been under restrictions since the 1970s, the last type was banned in 1999.
Prove that the defendant failed to follow regulations around the use of asbestos either by not informing you about the dangers or by not providing the correct training or equipment.

Asbestos related disease claims are one of the more complex and challenging areas of personal injury law. We have helped recover over £3.5 million in compensation in the past 12 months for those with asbestos related diseases.

The team has long standing relationships with many agencies and charities that help people with asbestos related diseases, and their families receive as much assistance and support as possible during a very difficult time.