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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 £3.5 million in compensation in the past 12 months 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.

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.

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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.

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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”).

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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 :

  1. 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)
  2. Establish the exposure to asbestos occurred at a specific workplace or due to proximity to a particular asbestos-related industry.
  3. 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.
  4. 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.

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Meet your team

Kim Smerdon

Partner

Laura Magson

Director

Melloney Harbutt

Senior associate - solicitor

Annabelle Neilson

Senior associate - solicitor

Martin Anderson

Solicitor

How long do I have to make an asbestos claim?
What are the steps to make an asbestos claim?
Can I make a claim on behalf of a loved one who has died?
Who will be paying for my asbestos claim?
What if I was not exposed to asbestos at work?
What can I claim for?
What benefits are available for different asbestos related diseases?
How should my employer have protected me against asbestos exposure?
Will my asbestos case go to court?
Expat asbestos disease claims

Asbestosis compensation cases

Awards & Accreditations

Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

What our clients say

Our clients constantly recognize us as the most experienced, professional, efficient and supportive

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"It has been a long battle but we got there in the end"

I would like to take this opportunity to say a big thank you to you and your team for all your hard work, passion, dedication and professionalism which resulted in my successful claim.It has been a long battle but we got there in the end. Whatever happens in the future I now have the financial security that I deserve for myself and my family. I can now focus on my health and happiness.

M - Boyes Turner Client

"Friendly, warm and professional throughout"

Laura's handling of my Father's case has been excellent. She gave us every confidence in her from the moment of the first telephone conversation through to the conclusion of a successful claim· and beyond. The care and compassion·-she has· shown to my parents through the most difficult time of their lives has been incredible. Friendly, warm and professional throughout, Laura expedited Dad's case against his former employer to a successful conclusion within 5 months. Giving my parents peace of mind that they are financially secure and Dad can pursue further treatment options if he wishes, which will be funded by the former employer.aura explained everything to us as a family and made the process as simple as it could possibly be. She held our hands (figuratively), explaining, guiding and answering all of our questions, communication throughout was superb. The excellent support and service provided by Laura and her team wasn't held up or interrupted in any way, even through the difficult months of the Covid-19 Lockdown. Laura has been a pleasure to deal with. We will be forever grateful that Laura agreed to take on my Father's case.

Suzanne Dyble

"I am glad that I came to your firm "

Just wanted to write to let you know just how much I appreciate all the work you have put into my case since you took over. I am now looking forward to being able to try and put all this behind me. I am more than happy at the way that this has finished and I am glad that I came to your firm as if it was not for your help I would not have gained this result. You have changed my life for the better. 

Boyes Turner client

"We cannot thank you enough "

I must say we were both staggered at not only succeeding in a claim of any sort (as you know I never did believe I had a snowball’s chance in hell), and that the amount you have obtained on my behalf. We cannot thank you enough. 

Mr & Mrs W, Northumberland

"It has made a significant difference"

May I take this opportunity to thank you for your support with my case. My family and I are very pleased with the outcome and without your efforts we would not have been successful. Over the months I feel we have gained a mutual friendship and I fully appreciate all your support on both a professional and a personal basis. It has made a significant difference. 

Mrs K