Asbestos Claims

If you or a member of your family has developed an industrial illness caused by exposure to asbestos, you may be eligible to make an asbestos claim. Asbestos is a naturally occurring mineral widely used in various industries in the past due to its heat resistance and durability.

Prolonged exposure to asbestos fibres can be very harmful to human health. It can cause various illnesses, such as mesothelioma, pleural plaques, asbestosis and lung cancer. Most of these diseases take years or decades to develop, and some can be fatal.

If you or a loved one has developed any illness due to exposure to the mineral, you might be able to start an asbestos claim. The compensation awards for the pain and suffering caused by asbestos-related diseases can range from £15,100 to £114,460. You can also recover all the financial losses and expenses incurred due to your condition.

If you want to find out whether you have a valid case, call 0800 470 0474 or enter your details to receive a call back. Asbestos lawyers are here to help you secure the compensation you deserve and answer any questions you may have about making a claim.

Find out if you can claim

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make an asbestos claim?
• What is asbestos?
• Types of Asbestos-Related Diseases
• Who is at risk for developing an asbestos-related disease?
• Common places where exposure to asbestos can be found
• How do I make an asbestos compensation claim?
• What evidence do I need to support an asbestos claim?
• Employer duty of care to minimise the risk of asbestos exposure
• Can I make an asbestos claim if my employer is no longer trading?
• Time limits for claiming asbestos compensation
• How much compensation can I claim for asbestos exposure?
• Can I claim asbestos compensation on behalf of a loved one?
• How long will it take to receive asbestos compensation?
• Contact a No Win No Fee asbestos solicitor

Can I make an asbestos claim?

You could be entitled to asbestos compensation if you have been diagnosed with an asbestos-related disease within the last three years. To have a valid claim, you will need to show that:

• Your illness is a direct result of asbestos
• You have been exposed to the mineral at work or elsewhere
• Your employer or a property owner has failed to mitigate the risks of asbestos exposure

You could also make a claim for an asbestos disease if a loved one is too sick to claim themselves or passed away due to exposure to asbestos in the workplace. In this case, you must apply to the court to be appointed as their litigation friend.

Employers and other responsible parties have a duty of care to protect people from the health risk of being around the mineral. This duty involves taking reasonable precautions to ensure the safety and well-being of workers, occupants of buildings, and the general public. It also covers people who live nearby to processing facilities and family members of employees, so you could have a valid asbestos claim if you contracted an illness as a consequence of secondary exposure.

What is asbestos?

Asbestos is a naturally occurring fibrous material that has been used over the years in building industries because of its ability to protect against energy loss, noise, cold, high temperatures, vibration, etc.

There are three common types of asbestos, including white, brown and blue. In the UK, these were banned in several stages. The brown and blue varieties were banned in 1985, while white asbestos was outlawed in 1999. As a result, all forms of asbestos are now prohibited in the UK.

In the early 1900s, the dangers of being exposed to asbestos became known. It was revealed that exposure could lead to severe diseases and illnesses, including lung cancer.

However, building industries continued using it in considerable quantities. That is why asbestos still exists in many buildings and factories around the UK. It was also used in numerous other products, such as road signs, plastic, cement, cloth, makeup and children’s toys, meaning anyone could unknowingly be in contact with it.

Years back, people working with asbestos did not receive adequate protective equipment and were at risk of developing asbestos-related diseases and illnesses. When the mineral fibres enter the lungs, they can lead to scarring and inflammation, causing several benign and malignant diseases detailed in the section below.

Types of Asbestos-Related Diseases

Several diseases can be caused by exposure to asbestos dust and may lead to a claim for compensation. Some of the common ones include:

• Pleural Plaques. Pleural plaques can be distinguished from other types of asbestos-related diseases by their appearance. These are smooth, white raised areas of fibrosis consisting of collagen fibre. They range from small to large and are usually calcified. After exposure, it usually takes more than 20 years to experience the symptoms of this condition. It is not a severe type of asbestos-related disease, and you cannot usually claim compensation for it.
• Pleural Thickening. Pleural thickening is a severe type of asbestos-related disease and can affect one or both lungs. When asbestos dust is inhaled, it can make its way to the lining of the lungs. When this happens, it can cause thickening of the lining and scarring. Pleural thickening can cause lung tissues to harden, causing breathing difficulties.
• Asbestosis. Asbestosis is a benign lung disease that develops over time due to lung inflammation. Some common symptoms of asbestosis include dry cough, shortness of breath and pain while breathing. However, the condition cannot be reversed and may increase the risk of developing lung cancer.
• Mesothelioma. Mesothelioma is a rare form of cancer that can affect the mesothelial lining of the heart, abdomen and lungs. It can also develop in the lining of the testicles, but this type of disease is rare. There is no cure for it, and most patients die within one year after the diagnosis. There has been an average of 2,500 deaths per year related to mesothelioma in the UK.
• Lung cancer. When asbestos fibres are inhaled and become lodged in the lungs, they can cause chronic irritation that may lead to cancer over time. Asbestos is the second most common cause of lung cancer after smoking. It may take several decades for lung cancer to develop, and the risk increases with the duration and intensity of exposure.

If you have developed any of these or another illness, the asbestos solicitors we work with will be able to advise you on your legal options. If you have a valid asbestos claim, they will help you gather evidence to support your case and guide you through the claims process.

Who is at risk for developing an asbestos-related disease?

If asbestos is left intact, it is safe and does not pose any risk to people around it. But, if it is disturbed, it will become airborne, and its fibres will be released into the atmosphere, causing harm when inhaled. People who have worked in industries where asbestos was commonly used, such as construction, mining, shipbuilding, automotive repair, insulation manufacturing, and firefighting, are at the highest risk of exposure.

Apart from the industries which make direct use of asbestos, there are others which are also at risk. These include:

• Gas fitters and plumbers
• Carpenters
• Sheet metal workers
• Waste disposal workers
• Electricians
• Electrical engineers
• Vehicle body builders
• Production fitters

Secondary exposure can occur when workers bring home asbestos fibres on clothing or hair, putting family members at risk. People living near asbestos mines, factories, or sites with asbestos-containing materials may be exposed to fibres released into the air. Homeowners who perform DIY projects without proper precautions may also unknowingly disturb asbestos-containing materials and release toxic fibres in the air.

Common places where exposure to asbestos can be found

Until the 1980s, asbestos was extensively used in the building industry. That means that most buildings and factories established before this period may contain some form of it. It is essential to remember that asbestos is safe as long as it is intact and undisturbed. However, if it has been damaged or deteriorates over time, the fibres can become airborne and cause harm.

Some of the places where asbestos can be found include:

• Thermal insulation in buildings, including attics, walls, and around pipes and boilers
• Roofing materials such as sheets and shingles
• Vinyl floor tiles and sheet flooring made with asbestos were once popular
• Ceiling tiles and textured coatings
• Plaster that was used for textured finishes on walls and ceilings
• On pipes and air ducts for thermal protection
• Some older vermiculite insulation products
• Gaskets and seals in machinery and equipment
• Older vehicles may have contained asbestos in brake pads and clutches
• Fireproofing and soundproofing materials
• Roofing belts, fire blankets and other heat-resistant materials
• Lagging around pipes and boilers
• Bath panels, downpipes, guttering, cladding and all those products made by using asbestos cement
• Insulation boards, including duct covers, fire surrounds, etc.

Asbestos can also be present in various older home and consumer products, including appliances, potholders, hairdryers, fake snow and even children’s toys. It is crucial to be cautious with these products, particularly if they are deteriorating, as they may release asbestos fibres if disturbed.

How do I make an asbestos compensation claim?

If you are looking to make an asbestos compensation claim, you have come to the right place. At InjuryClaims.co.uk, we will walk you through the entire claims process, making it as simple and easy for you as possible. The solicitors we work with have an excellent background dealing with such claims and can help you obtain the highest level of asbestos exposure compensation that you are entitled to.

Asbestos solicitors work on a no win no fee* basis meaning that you do not have to worry about funding your claim as it proceeds. If they are unable to win your case, you will not pay them a penny. Making a personal injury claim for an asbestos related illness typically involves the following steps:

• Discussing your case during a free consultation;
• Appointing your personal injury solicitor;
• Identifying the parties responsible for your asbestos exposure, such as former employers, product manufacturers, or property owners;
• Gathering all relevant evidence related to your case, such as medical records, doctor’s reports, work history, and any other documents supporting your claim;
• Your solicitor will send a claim notification form (CNF) to the responsible party on your behalf, outlining the details of your exposure and the resulting health issues;
• The defendant will respond to your claim and either accept or deny liability;
• Your lawyer will negotiate on your behalf to reach a fair settlement if there are no liability disputes;
• If you cannot settle, your case may go to court, and a judge will make a decision based on the available evidence;
• If you negotiate an amount of compensation for asbestos you are happy with, or the court decides in your favour, you will receive damages within several weeks.

To start a claim or to find out more information, request a call back or call 0800 470 0474 to be put in touch with a specialist industrial injury solicitor. If you have a valid asbestos claim, they will be happy to handle it on your behalf.

What evidence do I need to support an asbestos claim?

To support a claim for asbestos compensation, you must gather and provide various types of proof. Here are some pieces of evidence that can strengthen your case:

• Medical records. Provide records of any diagnosis related to asbestos exposure, such as asbestosis, lung cancer, or other respiratory issues.
• Doctor’s reports. Obtain reports from medical professionals detailing your condition, its cause, and its impact on your health and daily life.
• A detailed work history. Provide the names and addresses of all the companies you worked for, the duration of employment, and the nature of your work. That will help establish a connection between your exposure and your job.
• Witness statements. Gather accounts from colleagues or others who can confirm your exposure to the mineral during your work or other activities.
• Product documentation. If your illness is related to asbestos-containing products, gather information on the specific items and their manufacturers. Any evidence linking your exposure to these products can be crucial.
• Photographs and videos. If you can, collect any visual evidence of asbestos-containing materials, hazardous conditions, or safety violations in the environment where you were exposed.
• Employment records. Provide employment contracts, pay stubs, or other documentation that supports your work history and asbestos exposure during your employment.
• Safety procedures. If your exposure occurred in the workplace, gather information about safety procedures and protocols that were in place (or lacking) at the time of your exposure.
• Financial records. Keep track of the expenses related to your medical treatment, ongoing care, and loss of earnings.
• Expert testimony. Expert witnesses can support your case by providing technical information about your exposure, health effects, and the link between your condition and the mineral.

Your solicitor will help you gather everything you need to secure asbestos compensation.

Employer duty of care to minimise the risk of asbestos exposure

Employers have a legal duty of care to their employees to minimise the risk of asbestos exposure in the workplace. This includes:

• Conduct thorough risk assessments to identify areas where asbestos may be present.
• Put in place proper control measures to prevent fibres from becoming airborne.
• Provide suitable training and information to employees about the risks of asbestos exposure and how to handle materials safely.
• Monitor and maintain hazardous materials to ensure they are not damaged or disturbed.
• Provide proper personal protective equipment (PPE) to employees who may be at risk of exposure.
• Keep records of asbestos-related activities and provide these records to employees and appropriate authorities.
• Regularly review and update asbestos management plans and procedures as needed.
• Comply with all relevant regulations and guidelines.

If you have developed an illness due to a breach of duty, you might be entitled to asbestos compensation. Asbestos lawyers can help prove that your employer has failed to protect your health and safety, and they are liable for damages.

Can I make an asbestos claim if my employer is no longer trading?

Yes. You can claim asbestos exposure compensation even if your employer ceased trading or declared bankruptcy. As asbestos-related diseases can take many decades to develop and show symptoms, this situation is not at all uncommon. In this case, you could still claim against their historical insurer.

If both your former employer and their insurer have gone out of business, unfortunately, you might not be able to proceed with an asbestos claim. However, there are several other compensation schemes set out by the UK Government, including:

• The 2008 Diffuse Mesothelioma Payments Scheme (2008 Scheme) offers a one-time payment if you cannot receive compensation through a civil claim.
• The Diffuse Mesothelioma Payment Scheme (DMPS) allows you to claim if you were diagnosed with mesothelioma after being exposed to asbestos in the UK and cannot locate your employer or their insurer. The scheme also provides compensation to dependents of deceased sufferers.
• The Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 provides a lump-sum payment for mesothelioma victims who cannot pursue an asbestos compensation claim.
• The Industrial Injuries Disablement Benefit (IIDB) offers payments for mesothelioma sufferers, even if their employer is still trading.

If you want to learn more about your chance of receiving asbestos compensation, call 0800 470 0474 or enter your details to receive a call back. An experienced solicitor will offer you a free case assessment and answer any questions you may have.

Time limits for claiming asbestos compensation

All personal injury claims are bound by strict time limits. In case of an asbestos claim, you have three years from the date of diagnosis to initiate legal proceedings. That is because asbestos-related diseases take years or decades to develop, and it is impossible to pinpoint the date of exposure.

Under s33 of the Limitation Act 1980, the court has the authority to increase the three-year limitation period when this is fair and reasonable. In making this decision, the court will take into account various factors, including:

• The length and reason for the delay
• How the delay may have affected the quality of the evidence
• Any period of disability experienced by the claimant
• Whether the claimant acted promptly and reasonably once they became aware that there might be grounds for a claim
• The actions taken to seek expert advice and the nature of the advice received

There are several exceptions to the three-year limitation period, including:

• The time limit is suspended if the ill person cannot handle a claim themselves. In this case, a litigation friend could pursue asbestos compensation on their behalf at any time.
• If a child develops an asbestos-related illness, a parent or legal guardian could claim on their behalf. Once the child turns 18, they will have another three years to start their own claim.
• If a loved one has passed away due to mesothelioma or lung cancer, you have three years to start a claim from the date of death or, if later, the date of knowledge.

Whatever your situation may be, seeking legal advice after receiving a diagnosis is always advisable. Doing this will give your solicitor ample time to investigate your situation, gather evidence and build a strong claim for asbestos compensation.

How much compensation can I claim for asbestos exposure?

How much asbestos compensation you could receive if you make a successful claim will depend on various factors. These include the severity of your illness, its impact on your life and any associated financial losses and expenses. Each case is unique, and compensation amounts can vary significantly.

To determine the potential award, your solicitor will typically consider two types of damages:

General Damages. These refer to compensation for the pain, suffering, and loss of amenity caused by the asbestos-related disease. Other types of general damages that could be included in your claim are:

• Changes in the quality of life
• Reduced life expectancy
• Loss of consortium or companionship
• Emotional and psychological trauma
• Loss of prospects and enjoyment of life

Special Damages. These cover the financial losses and expenses incurred due to the illness. Special damages may include medical expenses, travel costs for medical appointments, loss of earnings, and other out-of-pocket expenses related to your condition, such as counselling and rehabilitation.

The compensation for special damages is easy to calculate based on evidence like receipts, invoices and wage slips. General damages are subjective losses and are harder to estimate. They are based on the Judicial College Guidelines from the Ministry of Justice, according to which you could get:

• £15,100 to £105,850 for asbestosis and pleural thickening
• £63,650 to £114,460 for mesothelioma that has caused severe impairment
• £70,030 to £97,330 for lung cancer that has caused less severe symptoms than mesothelioma

Can I claim asbestos compensation on behalf of a loved one?

If a loved one cannot conduct legal proceedings or has passed away due to an asbestos-related disease, you might be able to claim on behalf of them. To claim for someone who cannot do so themselves, you must apply to the court to be appointed as their litigation friend.

Once the court is satisfied that you can handle the case fairly and competently and have no conflict of interest with the claimant, they will allow you to represent your loved one. That is a long-term responsibility which brings duties such as:

• Attend court hearings
• Make sure the claimant attends all medical appointments
• Keep the ill person informed about the case
• Meet with solicitors and take legal advice
• Consider any settlement offers you receive
• Sign legal documents

Usually, if you secure a compensation payout for an incapacitated adult, you must go to an approval hearing before a judge. They will examine the evidence and decide whether the claimant has been fairly compensated.

You can also claim asbestos compensation if you are the dependant of someone who passed away due to a related disease. This includes children, spouses, siblings and others specified by the Fatal Accidents Act 1976. As a dependant, you may be entitled to:

• Make a financial dependency claim if you relied on the income of the deceased;
• Make a loss of service dependency if they provided services such as gardening, property maintenance or childcare;
• Claim for funeral expenses and financial losses incurred by your loved one before their death due to the illness;
• Claim bereavement damages for the grief and suffering caused by your loss (the current bereavement award is £15,120).

Asbestos lawyers have helped numerous individuals secure compensation following the wrongful death of their loved ones. They will be able to guide you through the process of making a claim while offering you compassionate advice and support at every step.

How long will it take to receive asbestos compensation?

Each case is unique, so it is hard to give a straight answer to how long your asbestos claim could take to resolve. Most cases settle between six months and three years, but this will ultimately depend on factors such as:

• The condition you have been diagnosed with
• The severity and extent of your illness, including any multiple diagnoses
• The estimated value of your claim
• The time it takes to gather evidence and build your case
• How difficult it is to trace your former employer or their insurer
• Whether the defendant admits liability or contests the claim
• Whether you can settle or you must go to court

Some things you can do to speed up the claims process include:

• Seek legal advice as soon as possible after becoming aware of your condition;
• Provide all necessary documents and evidence to your solicitor promptly;
• Cooperate with your asbestos lawyers and attend all necessary meetings and appointments;
• Stay informed about the progress of your claim and any updates;
• Comply with all medical advice and treatment plans to demonstrate your commitment to your recovery and the seriousness of your condition;
• Consider accepting an early settlement offer, even if it usually means you will receive a lower compensation award than you might be entitled to.

Contact a No Win No Fee asbestos solicitor

If you have a valid asbestos claim, our partner solicitors will offer you a 100% no win no fee service. This agreement ensures you do not have to pay any upfront fees to receive legal representation. Furthermore, you only pay your solicitor a success fee if and when you receive compensation. That is a pre-agreed percentage of up to 25% of your award for general damages and past financial losses.

If your case fails, you do not have to pay a single penny to your asbestos solicitors. Furthermore, you will not have to cover any costs incurred during the claims process. This further financial security is made possible by the After the Event (ATE) insurance policy your solicitor will take out from the beginning.

The ATE is a legal expenses insurance whose premium you only have to pay if your case is successful. If you lose the claim, the policy is self-insuring and will cover many other costs and disbursements, including:

• The defendant’s expenses
• Medical reports and expert witness fees
• Court and counsel fees
• Travel expenses related to the asbestos claim
• Barrister fees if your case goes to trial
• Costs of copying and printing

To find out if you can claim asbestos compensation on a no win no fee basis, call 0800 470 0474 today. Alternatively, you can enter your details into our online claim form to receive a call back from a legal adviser who can answer any questions you may have.