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You may be eligible to make a claim for asbestosis compensation if it is something that you have been diagnosed with. If you or someone you know suffers from asbestosis, then you may be entitled to compensation with a no win no fee asbestosis claim.
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.
Asbestosis is a very specific condition that refers to fibrosis of the lungs caused by 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 after twenty years or more of exposure to asbestos. Asbestosis may cause breathlessness and can become more severe over time, and unfortunately, currently there is no cure.
These are the most common asbestosis symptoms:
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”).
When someone is diagnosed with asbestosis legal advice should be sought to consider if a claim for compensation can be made.
In order to secure a successful asbestosis claim, we will need to present evidence of asbestosis and its impact on your health, as well as show 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:
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.
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.
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.
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.
This amount you can potentially claim for being diagnosed with asbestosis depends on a range of different factors.
This could include how severe the disease is, its impact on your quality of life, impact on ability to work, medical expenses, and any additional damages caused. For a more accurate determination of this it would be best to make an enquiry with our team who can assess the specifics of your situation.
The duration of an asbestosis claim can vary, depending on how complex the claim is, the legal processes involved, and the cooperation of the parties involved.
Generally, asbestosis claims can take several months to several years to reach a resolution. The process typically involves gathering evidence, assessing medical reports, negotiating with relevant parties, and potentially going through litigation if a settlement cannot be reached through negotiation or alternative dispute resolution methods.
Proving asbestosis typically requires a combination of medical evidence and documentation related to asbestos exposure.
Medical professionals specialising in lung diseases can conduct tests and may perform a biopsy if necessary. These tests can help determine the presence of asbestos-related lung damage and rule out other conditions with similar symptoms. Additionally, providing evidence of asbestos exposure through work history, witness testimonies, or records of asbestos-containing products can further support the claim.
Asbestosis is unfortunately incurable, and the damage is irreversible, as once the asbestos fibres are breathed in, they stay in your body forever.
How much it will impact your life expectancy can vary depending on how much asbestos fibres are found in your lungs. Treatment can extend your life expectancy and influence the prognosis, particularly if treated early on.
Asbestosis can definitely be mild, although this can develop over time into more severe stages.
Mild asbestosis may not have a significant impact on your lungs however if you have a history of working around asbestos or experience even the slightest of symptoms it is important to report them. Getting this treated early on can slow the development of asbestosis into a more severe stage.
Unfortunately, asbestosis does tend to get worse over time as it develops.
When asbestos fibres are inhaled, it causes scarring and inflammation in the lungs, which develops into fibrosis. This typically gets worse over time, and symptoms will gradually become more prominent as this happens. How fast it progresses varies for each individual and can be impacted by how much asbestos they were exposed to and additional respiratory conditions.
It can take quite a while to see signs of asbestosis after being exposed, typically ranging from ten years to up to forty years.
The symptoms may not become visible until it has progressed to a noticeable stage. This is why if you have a history of being exposed to asbestos, it is important to have regular medical checks in order to detect asbestosis as early as possible.
You may be eligible for several benefits if you are found to be diagnosed with asbestosis, such as the following.
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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.
The claim amount may be made up of the following:
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):
We are happy to put you in touch with a charity who can assist you in making any appropriate applications.
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.
