Asbestos Lung Cancer Claims

Have you developed lung cancer as a result of being exposed to asbestos at work? If you have, you might be eligible to make an asbestos lung cancer claim against your employer.

Asbestos is a mineral that was widely used in various industries in the past due to its heat resistance and durability. However, it has been linked to significant health risks, including cancer. Asbestos related lung cancer usually develops in the lining of the bronchi over time.

If you have developed lung cancer from asbestos, you should speak to a personal injury solicitor as soon as possible. They could help secure compensation to cover your medical expenses, loss of income, pain and suffering, and other related damages.

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Table of Contents

• What is Asbestos Induced Lung Cancer
• Symptoms and diagnosis of lung cancer caused by asbestos
• Asbestos lung cancer treatment
• Can I make an asbestos lung cancer claim?
• Duty of care of employers to prevent lung cancer from asbestos
• Compensation awards for asbestos-related lung cancer
• Can I claim on behalf of a loved one?
• Time limits to claim compensation for asbestos lung cancer
• How much will it cost to make an asbestos lung cancer claim?

What is Asbestos Induced Lung Cancer

Asbestos induced lung cancer refers to the development of lung cancer as a result of prolonged exposure to asbestos fibres. Asbestos is a mineral that was commonly used in various industries for its heat resistance and insulating properties. When asbestos fibres are breathed in, they can get stuck in the lungs and lead to inflammation, scarring, and genetic harm to the cells as time goes on.

Asbestos exposure can cause two types of cancer in the lungs: Small Cell Lung Cancer (SCLC) and Non-Small Cell Lung Cancer (NSCLC). SCLC has round and small cancer cells, while NSCLC has large ones. NSCLC is more common, accounting for around 80% of all cases, while SCLC is less common, affecting about 20 out of 100 people with lung cancer. Sometimes, a person may develop a combination of features from both types.

Both SCLC and NSCLS can be caused by or contributed to by asbestos exposure, but mesothelioma is the only type of lung cancer exclusively related to asbestos dust. There are currently about 2,500 deaths each year in the UK due to mesothelioma.

Lung cancer from asbestos usually starts in the lining of the bronchi, which are tubes that branch out from the windpipe and trachea. It can also grow in other areas like the alveoli, trachea, and bronchioles. Lung cancer takes a long time to develop, but once it occurs, cancer cells can spread to other body parts.

Lung cancer is usually associated with smoking, and a person who is a smoker is ten times more likely to suffer from lung cancer than a person who does not smoke. Similarly, exposure to asbestos dust increases the risk of developing lung cancer. If someone is both a smoker and exposed to asbestos at work, their chances of developing lung cancer are fifty times higher than others.

Symptoms and diagnosis of lung cancer caused by asbestos

Early stages of asbestos related lung cancer may not show any signs, making diagnosis challenging. As the disease progresses, the following symptoms may occur:

• Persistent cough: A chronic cough that worsens over time or coughing up blood.
• Shortness of breath: Difficulty breathing or feeling breathless, especially during physical activities.
• Chest pain: Pain or discomfort in the chest, which may worsen when taking deep breaths, coughing, or laughing.
• Fatigue: Feeling constantly tired or weak, even with sufficient rest.
• Weight loss: Unintentional weight loss without changes in diet or exercise and loss of appetite.
• Hoarseness: Changes in voice, such as a raspy voice or wheezing.
• Recurrent respiratory infections: Frequent infections, such as bronchitis or pneumonia.

Symptoms like these usually appear when asbestos-induced lung cancer has advanced to a later stage, making it more challenging to treat. Thus, it is crucial for individuals with a history of asbestos exposure to undergo regular screening for related diseases such as asbestosis and mesothelioma. Diagnosis involves several steps, including:

• Medical history: The doctor will ask questions about your health history, including if you have been exposed to asbestos and have any related symptoms.
• Physical examination: The doctor will examine your body to check for any signs of health problems, including lung abnormalities.
• Imaging tests: You may need to have X-rays, CT scans, or PET scans, which are special tests that create detailed pictures of your lungs. These tests can help identify any suspicious areas that may need further investigation.
• Biopsy: If the imaging tests show something concerning, your doctor may need to take a small sample of tissue from your lung. The tissue sample will be examined under a microscope to determine if there are cancer cells present and to determine the type and stage of the cancer.

If you were diagnosed with asbestos-related lung cancer, you might be entitled to make an asbestos compensation claim against your employer.

Asbestos lung cancer treatment

Treatment for asbestosis lung cancer aims to kill the cancer cells and prevent the spread of tumours, ease symptoms and improve the quality of life. The primary treatment options for asbestos-related lung cancer include:

• Surgery may be recommended for early-stage lung cancer to eliminate the tumour. It could involve removing a part of the lung, the entire lung, or nearby lymph nodes.
• Chemotherapy is the most common treatment for lung cancer mesothelioma. It uses specific drugs to kill cancerous cells or slow down their growth.
• Radiation therapy uses high-energy beams like X-rays or protons to target and kill cancer cells or slow growth.
• Immunotherapy uses drugs to stimulate the body’s immune system to recognise and attack cancer cells.

The choice and combination of therapies will depend on individual circumstances. The effectiveness of treatment can vary depending on the stage of cancer at the time of diagnosis. Early detection and prompt treatment generally offer the best outcomes.

Can I make an asbestos lung cancer claim?

Making an asbestos lung cancer claim is not an easy process because you will need to prove that you developed the condition as a result of your working environment. Usually, a claim should be possible if:

• You were diagnosed with lung cancer from asbestos within the last three years
• Your employer has breached their duty of care towards you and failed to protect you from asbestos exposure

Many companies that made use of asbestos before 1985 may not even exist now, and this is what makes claiming compensation even more difficult. Asbestos related diseases often take more than 20 years to develop and diagnose, and it can be difficult to prove where you were exposed to the mineral.

Nonetheless, you may still be able to claim even if your former employer has gone out of business. Usually, solicitors are able to secure compensation from their historical insurer. Also, a smoking history will not prevent you from claiming, as asbestos exposure greatly increases the risk of developing cancer compared to smoking alone.

If you believe you have developed asbestos induced lung cancer due to your working conditions, contact an injury solicitor today for a free case assessment. They can tell you whether or not you have a valid claim for asbestos lung cancer compensation. They will also be able to give you an estimate of the amount of compensation that you may be entitled to.

To learn more about your legal options, enter your details into our online claim form or call 0800 470 0474 for a free consultation with a legal adviser.

Duty of care of employers to prevent lung cancer from asbestos

Since the 1970s, several types of asbestos have been restricted, with the final type banned in 1999. Many workers in various professions, such as construction workers and plumbers, have been diagnosed with lung cancer mesothelioma due to workplace exposure before 2000.

Nowadays, employers must follow strict rules established by the Health and Safety Executive (HSE) that regulate the use or contact with asbestos. These include:

• Identify any presence of asbestos in the workplace and determine its type.
• Conduct a risk assessment to explore whether the work can be done without exposing individuals to asbestos.
• Consider whether the work should be carried out by a licensed asbestos contractor.
• Notify the relevant authority about any work involving asbestos.
• Provide employees with appropriate training and protective equipment.

If your employer has failed to comply with these regulations and you later developed asbestos related lung cancer, you may be eligible to make a claim for compensation.

Compensation awards for asbestos-related lung cancer

Every claim is unique, and the compensation award you might receive will depend on two main types of damages caused by asbestos lung cancer:

General damages are awarded for the pain, suffering, and loss of amenities experienced as a result of the disease. When assessing general damages for asbestos lung cancer, the following factors are considered:

• The stage and extent of the condition as well as the expected prognosis
• The level of physical pain, discomfort, and symptoms caused by it
• The emotional impact of the illness, including anxiety, depression, fear, and stress
• The extent to which it has affected your ability to carry out hobbies and relationships
• Loss of enjoyment of life and reduced life expectancy

Special damages refer to the compensation awarded for the specific financial losses and expenses incurred as a result of the disease and may include:

• Medical expenses for doctor visits, surgeries, medications, chemotherapy, and other necessary medical treatments
• Travelling to and from medical appointments
• The costs of hiring caregivers or support services
• The income and benefits lost due to your inability to work during illness
• The cost of physical therapy, occupational therapy, counselling, and other rehabilitative services
• Necessary adaptations or modifications to your home to accommodate your condition

According to the Judicial College guidelines and historical cases, you could receive between £65,710 and £118,150 for lung cancer mesothelioma. Your solicitor will be able to give you a more accurate figure after a thorough assessment of your case.

Can I claim on behalf of a loved one?

Yes, you can start an asbestos-related lung cancer claim on behalf of a loved one who cannot conduct legal proceedings alone. In this case, you must apply with the court to represent them as a litigation friend. Before appointing you, the court will verify you can handle the case fairly and competently and that there is no conflict of interest between you and the claimant.

You will have several responsibilities if you are claiming compensation for someone who has been diagnosed with asbestos related lung cancer, including:

• Instruct solicitors and take legal advice
• Sign legal documents and deal with correspondence
• Work with legal professionals to gather evidence to support the claim
• Make decisions about the claim
• Consider any settlement offers from the third party at fault

Your role as a litigation friend will end once the claim concludes or if the person you represent regains the ability to handle their case.

You could also seek damages if you lost a loved one to asbestos lung cancer. You may be entitled to claim if you are their spouse, child, or another individual that was dependent on them.

A solicitor with expertise in industrial disease claims can help secure compensation for:

• Financial dependency, if you relied on their income
• The loss of services they provided in the household
• The pain and suffering they experienced before passing away
• Funeral expenses and financial losses incurred between the diagnosis and the date of death
• The grief you have experienced by losing them, known as bereavement damages

Time limits to claim compensation for asbestos lung cancer

Asbestos related diseases, such as lung cancer and mesothelioma, can take anywhere from several years to decades to develop and show symptoms after exposure. In this case, the Limitation Act 1980 imposes a three-year time limit to start an asbestos lung cancer claim starting from the date you received your diagnosis (the date of knowledge).

Usually, if you do not start legal proceedings within the claim limitation date, your case will become statute-barred, and you will lose your right to compensation. The court has the authority to override the time limit when it is fair and reasonable to do so, based on the length and reason for your delay.

There are some exceptions to the usual limitation date, such as:

• If lung cancer mesothelioma is diagnosed in a child, the three-year time limit only begins on their 18th birthday.
• If the claimant cannot pursue compensation due to a mental disability, a litigation friend could start a claim for them at any time.
• If you lost a loved one due to lung cancer from asbestos, you have three years to start a claim from their date of death or from the date you found out that asbestos exposure caused their illness.

How much will it cost to make an asbestos lung cancer claim?

If you have a valid claim for lung cancer caused by asbestos, it will not cost you a single penny to start legal proceedings. The solicitors we work with firmly believe that you should not take any financial risks to seek the compensation that is rightfully owed to you.

With this in mind, they are ready to offer you a 100% no win no fee agreement* so you can start your claim regardless of your financial situation. Under this arrangement, you do not have to pay any upfront costs for legal representation.

Furthermore, if your case is unsuccessful, you do not have to pay anything to your solicitor. You only pay them a success fee of up to 25% of your settlement if they win your compensation claim.

They will also take out an After the Event (ATE) insurance policy on your behalf, so you will not have to pay any legal expenses if your claim fails. You only pay for the ATE premium if your case is successful. Otherwise, there will be no costs for you to cover.

If you feel you may have grounds to make an asbestos lung cancer claim, request a call back or call 0800 470 0474 to speak to a legal adviser today.

Last edited on 7th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.