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You may be eligible to make a claim for asbestos-related lung cancer compensation if you or someone you know have been diagnosed as a direct result of asbestos exposure.
We have helped recover over £82 million in compensation since 2005 for those with asbestos related diseases. Get in touch to make your claim today.
Excluding mesothelioma, there is no particular type of lung cancer that is exclusively caused by exposure to asbestos dust. Both small cell lung cancer and non-small lung cancer can be caused or contributed to by exposure to asbestos dust.
When someone is diagnosed with asbestos-related lung cancer, legal advice should be sought to consider if a claim for compensation can be made.
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 affected by asbestos-related disease receive as much assistance and support as possible during a very difficult time.
We provide an initial consultation free of charge. At that meeting, we can discuss and agree together how to fund an asbestos-related lung cancer compensation claim. In the majority of cases, we can offer Conditional Fee Agreements (CFAs or “no win, no fee”).
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Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
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Even if you were a smoker, it is possible that asbestos exposure has contributed to your lung cancer. This is because the risk of developing lung cancer increases in direct proportion to the level of your exposure to asbestos dust.
There is no clinical means of distinguishing between lung cancer caused by asbestos and lung cancer caused by smoking. However, there is clear evidence that if you have a 5% risk of developing lung cancer as a result of asbestos exposure and a 10% risk as a result of smoking, your combined risk of developing lung cancer is 50%.
Historically, it was presumed that lung cancer could not be caused, or contributed to, by asbestos exposure unless asbestosis was also present. However, research has confirmed that asbestos-related lung cancer can occur without the presence of asbestosis.
The presence of other asbestos-related diseases such as asbestosis, pleural thickening, and mesothelioma can indicate that the lung cancer has been caused, or contributed to, by exposure to asbestos dust.
Whether your lung cancer can be attributed to asbestos exposure or not will also depend upon the level of your exposure to asbestos dust. In order to be able to pursue an asbestos-related lung cancer compensation claim, you must be able to show very heavy exposure to asbestos dust.
The criteria used in assessing whether exposure to asbestos dust has caused the lung cancer is known as the Helsinki criteria. It is widely accepted under the criteria that exposure to asbestos dust to the level of 25 fibre/ml years must have occurred for asbestos-related lung cancer. This is the equivalent of approximately 1 year heavy exposure to asbestos dust, as for example an asbestos lagger, or 5 to 10 years of more moderate exposure to asbestos dust, as for example a carpenter cutting asbestos sheets.
This will vary from case to case and will depend on the injuries you have suffered, the medical treatment that you may require, and any losses incurred.
The claim amount may be made up of the following:
You should note that if you have also been a smoker, then there likely be a deduction to your compensation to reflect the fact that your smoking has also contributed to lung cancer.
We will assess whether there are sufficient prospects of success in your case to take your case on under a ‘no win, no fee’ agreement (also known as a Conditional Fee Agreement)’.
Get in contact with us for a free, no obligation meeting to discuss your options, and answer any questions you may have.
Yes, we specialise in helping clients with asbestos related lung cancer and have many years of experience.
Read our case studies to find out how we have helped others, for example:
£110,000 settlement from MOD after husband's death from lung cancer and asbestosis
Laura Magson secured a settlement of £110,000 for the widow of a former Chatham Dockyard worker, who sadly died due to lung cancer. Despite lack of witness evidence and engineering evidence, the absence of a lifetime statement from the deceased and his history of heavy smoking, a settlement was reached for his wife a year after she first asked us to investigate her claim.
Read our asbestos case studies to find out how we have helped others.
Read our asbestos news for our latests insights.
People who have lung cancer and asbestosis or who have lung cancer and have worked with asbestos in certain high risk jobs may also be entitled to apply for Industrial Injuries Disablement Benefit for asbestos related lung cancer. The specific jobs include:
Pneumoconiosis etc (Workers’ Compensation) Act 1979
An application for a lump sum payment under the Pneumoconiosis etc (Workers’ Compensation) Act 1979 can also be made where there is a diagnosis of primary lung cancer together with asbestosis or bilateral diffuse pleural thickening and provided that the lung cancer and accompanying condition was caused by employment. A lump sum payment can only be made where compensation from a civil claim in respect of the disease has not already been received and provided that Industrial Injuries Disablement Benefit has been awarded. The award is generally made where the employer has ceased trading. An application can also be made by a dependant within 12 months of death where a diagnosis of lung cancer with asbestosis or bilateral diffuse pleural thickening was given.
We are happy to put you in touch with a charity who can assist you in making any appropriate applications.
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We are happy to discuss the possibility of bringing a claim, without any obligation to take matters further.
In addition to understanding how the asbestos related diagnosis came about and the impact of said diagnosis, we will ask for information about how you or your loved one came into contact with asbestos, so we can start to assess your potential claim.
Even if you haven’t worked directly with asbestos or cannot recall the circumstances of your asbestos exposure then still get in touch with us as it may well be that, after careful questioning, it becomes apparent where and when your exposure to asbestos is likely to have occurred. We have an extensive database of statements and documents involving many UK employers and companies.
Where asbestos is considered to have potentially played a part in a death, it is important that the local coroner is notified of the death and that a post-mortem takes place. We can advise on this process. An initial interview is always provided free of charge. At that meeting we will discuss how to fund the claim. In the majority of cases, we can act under a Conditional Fee Agreement (‘no win, no fee’).
It is possible to make an asbestos claim on behalf of a loved one who has died as a result of an asbestos-related disease.
You may be entitled to claim if you were the spouse or child of someone who lost their life to an asbestos related disease, or if you were financially dependent on them. The claim is brought by the personal representative of the estate.
To make a compensation claim in these cases, you must start your claim within three years of the date of death or at the point at which a post-mortem reveals that the death was caused by asbestos exposure.
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:
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.
This will vary from case to case and will depend on the type of asbestos related disease you are suffering from, the medical treatment that you may require and any losses incurred.
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.
Due to the nature of asbestos related diseases taking a while to have a noticeable impact, or even show any symptoms at all, it is expected that the exposure is to have happened some time ago. In order for your claim to be valid, you have three years from the date it can reasonably have been expected that you “knew or ought to have known” that your condition may be associated with your asbestos exposure, within which to issue court proceedings.
If someone affected by asbestos related diseases dies within three years of this date, then the personal Will representative for the estate has three years from the date of death within which to issue court proceedings. However, there are some circumstances where exceptions can be made, so please do contact us so that we can advise you appropriately.
The company where the effected person worked at the time of the asbestos exposure, or the defendant company, is liable to pay your compensation. However, due to the latency period of asbestos in the body, a lot of companies may have ceased trading once a claim is relevant.
If your former employer has gone out of business, you could still make a claim. The company is likely to have been insured to deal with claims such as this, so it will be the insurer’s responsibility to meet the compensation claim.
In cases where the companies have gone out of business and the insurers are untraceable there are benefits and in some cases, lump sums, set up to compensate those diagnosed with asbestos-related diseases.
It may be that you did not come into contact with asbestos through your work. We also act for people who contracted mesothelioma in other ways. For example, washing a loved one’s overalls, by living near to an asbestos factory or by attending a school where asbestos was disturbed.
We may also be able to bring a claim on behalf of those who believe they were exposed to asbestos whilst they were self-employed.
There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:
For mesothelioma:
For asbestos related lung cancer:
For benign asbestos related diseases (asbestosis and asbestos-related diffuse pleural thickening):
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.
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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
I selected Boyes Turner from a list given to me by an asbestos charity, on the strength of the CV’s of the specialist solicitors. It was a wise choice, I feel. Melloney Harbutt has been great from day one, despite my occasionally disappearing into hospital for emergency treatment. Very supportive, very knowledgeable and very friendly.
The whole process has been made easier for me thanks to their great communication skills and knowledge of the process. Thank you
When my dad was diagnosed with mesothelioma we were contacted by a charity based company called HASAG which put us on to Boyes Turner, and we met Laura. Laura managed to speak to dad virtually whilst he was still with us, but unfortunately he passed away very soon after. Laura advised that I become an executor to dads claim.Laura was so easy to deal with and also showed the family a personal touch whenever we spoke.
We finally settled our claim with Laura’s help.
The family would definitely recommend Laura and Boyes Turner to anyone needing a representative for a mesothelioma case as Laura’s knowledge is vast
After much hesitation regarding making a claim and speaking to HASAG. I found Boyes Turner one of HASAG's approved solicitors, I met Melloney who explained the process in plain English, and we started the ball rolling, some of the reports were difficult to come to terms with, but all through the process Melloney was supportive and understanding.
As there were multiple parties involved the process took some time which was frustrating, but the final result was very satisfactory.
After my diagnosis and starting my treatment for asbestosis I chose the services of Boyes Turner LLP to help me and my family through the claim system.
I had the good fortune to be introduced to Melloney Harbutt as my lead solicitor. At a time when I least wanted additional stress and anxiety, her clear compassionate, honest legal knowledge and personal guidance prevailed throughout.
Absolutely delighted with the speed, efficiency and clarity of the support provided by Laura in my claim against my former employer. She cut through the legalese jargon and explained everything in detail making my decision making easy.
Additionally, she handled my grim prognosis details with compassion and showed a great understanding of, not only the legal aspects, but also the complex medical details and options. The prompt settlement negotiated by Laura has ensured I can "enjoy" the benefits while still fairly mobile and also she ensured the defendants would fund any future treatments not funded by the NHS should I need them.
It was a pleasure working with Laura and I would have no hesitation whatsoever in recommending her to others.
