If you or a loved one has been diagnosed with an illness caused by asbestos exposure, you could be eligible to make an asbestos claim for compensation.
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Asbestos Claims
If you or a loved one has been diagnosed with an asbestos-related illness, such as asbestosis, mesothelioma or lung cancer, you may be entitled to make an asbestos claim. This could be the case if your illness was caused by somebody else’s negligence, such as a current or former employer.
A successful asbestos compensation claim can cover your pain and suffering, medical expenses, lost income and other related financial losses.
Asbestos diseases often take many years to develop, but may progress rapidly once symptoms appear. Employers have a legal duty to protect workers from asbestos exposure and can be held liable for compensation if they breach this duty of care.
Specialist asbestos solicitors can help you make a claim for asbestos, even if your employer is no longer trading. To discuss your case, call 0800 470 0472 for a free, no-obligation case assessment or request a call back.
Key points about asbestos claims
- Eligibility: You may be able to claim if you developed an asbestos-related illness due to past exposure in the workplace.
- Employer Responsibility: Employers have a duty to protect workers from asbestos exposure and provide adequate safety measures.
- Time Limit: You typically have 3 years from the date of knowledge to start an asbestos compensation claim.
- Compensation: How much you can claim will depend on the severity of your illness, loss of income, and care needs.
- No Win, No Fee: Your solicitor will pursue your asbestos claim on a no win, no fee basis — you only pay a fee if successful.
Table of Contents
What is asbestos?
Asbestos is a group of six naturally occurring minerals that were widely used in construction, insulation and automotive manufacturing until the late 20th century, when its use became heavily restricted and was eventually banned in the UK.
Although valued for its heat resistance, strength and durability, asbestos is now known to be highly dangerous. When asbestos fibres are inhaled, they can become trapped in the lungs and surrounding tissue, causing inflammation, scarring and serious long-term illness.
In the UK, asbestos-related diseases cause more than 5,000 deaths each year. If you have been diagnosed with an asbestos-related condition due to past exposure, you may be entitled to claim compensation.
Can I make an asbestos claim?
If you were diagnosed with an asbestos illness in the last three years or first became aware of the link between your illness and asbestos exposure in that period, you may be entitled to claim compensation. A personal injury solicitor can assess your eligibility during a free consultation.
Usually, you can pursue a claim for asbestos compensation if:
- Another party owed you a duty of care.
- They breached their duty by negligently exposing you to asbestos.
- You developed an asbestos-related illness due to their negligence.
A few important considerations:
- You may still qualify if you become ill due to secondary exposure, such as from inhaling asbestos fibres from the clothes of a family member who worked with asbestos.
- If you made a successful claim for asbestos compensation and are later diagnosed with a separate related disease, you could be eligible to make a second claim.
- You could claim compensation on behalf of a loved one who cannot make a claim themselves or who has passed away due to an asbestos-related condition.
Duty of care of employers to prevent asbestos exposure
Employers are legally required to protect employees from asbestos-related risks. Under the Health and Safety at Work Act 1974 and the Control of Asbestos Regulations 2012, their duties include:
- Identify asbestos and monitor its condition.
- Assess whether asbestos should be managed, repaired or removed.
- Avoid exposure to asbestos whenever possible.
- Only allow trained employees wearing proper equipment to work with asbestos.
- Only allow special contractors to carry out high-risk asbestos work.
- Minimise asbestos dust by using hand tools and keeping materials damp.
- Use special double-bag vacuum cleaners and clearly mark asbestos waste.
- Make sure employees are wearing appropriate respiratory protection.
If an employer neglected their duty to keep you safe from asbestos-related diseases, they might be liable for compensation. As illnesses caused by asbestos usually take decades to manifest symptoms, most asbestos claims are made against former employers.
What is the time limit for making asbestos claims?
Under the Limitation Act 1980, you usually have three years to start a claim for personal injury. As asbestos-related diseases can take anywhere between a few years and several decades to develop, the three years usually begin from your date of knowledge. There are a few exceptions:
- The 3-year limitation period applies only after a person turns 18, and they have until 21 to start a claim.
- A litigation friend can make a claim on behalf of an incapacitated person at any time.
- If a loved one passed away due to an asbestos-related illness, you must usually start a claim within three years after their death or date of knowledge.
We recommend that you seek legal advice as soon as possible. Your solicitor might need a considerable amount of time to retrace your steps and gather relevant evidence. So the sooner they can begin, the better your chances of making a successful claim.
How do I make a claim for asbestos-related conditions?
If you want to start a claim, the first thing you should do is contact a solicitor who specialises in asbestos-related disease claims. They will offer you a free initial consultation to verify if you have a valid claim.
If you can proceed, your solicitor will help you gather supporting evidence, such as medical records, exposure history, witness statements and financial documents.
Your solicitor will send a claim notification form to the defendant or their insurer. If they admit liability, your solicitor will engage in negotiations and help you pursue the compensation you may be entitled to.
Otherwise, they will issue court proceedings and prepare for a trial (this is unlikely, as most cases are settled out of court). If you win the claim, your compensation may be awarded within four weeks.
How much compensation can I claim for an asbestos related disease?
There is no set amount of compensation awarded for asbestos cases. The compensation you deserve will cover pain, suffering and financial losses and will depend on several factors, such as:
- The severity of your illness.
- The cost of care and medical treatment.
- Lost earnings and earning capacity.
- Care and assistance needs.
- Reduced quality of life and life expectancy.
The 18th Edition of the Judicial College Guidelines provide a starting point for establishing the value of an asbestos compensation claim. According to the type and severity of your illness and the impact on your life, you could get:
| Injury Type | Description | Compensation |
|---|---|---|
| Asbestos-Related Disease | Asbestos-related lung cancer | £93,000 - £129,000 |
| Asbestosis and pleural thickening with low respiratory disability | £20,000 - £47,000 | |
| Asbestosis and pleural thickening with significant respiratory disability and worsening breathlessness | £47,000 - £140,000 | |
| Mesothelioma causing severe pain and reduced function and quality of life | £84,000 - £151,000 | |
| Lung Disease | Lung cancer causing severe pain and reduced lung function and quality of life | £93,000 - £129,000 |
| Lung disease in a young person causing serious disability and likely worsening leading to premature death | £133,000 - £180,000 | |
| Lung disease, such as emphysema, significantly affecting lung function and breathing, with frequent coughing and restricted activity | £72,000 - £93,000 |
These compensation amounts refer only to pain, suffering and loss of amenity (general damages). Any financial losses you incurred (special damages) will be mathematically assessed and added on top of this amount.
Can asbestos compensation claims be made with no win no fee?
Yes. Asbestos compensation claims solicitors may represent you under a no win no fee agreement if you are eligible to claim for an asbestos related condition. This means they will help you pursue compensation without asking for any upfront fees.
If you win your claim, you pay a success fee to your solicitor, which is capped at 25% of your compensation for general damages and past financial losses. If your claim is unsuccessful, you do not have to pay any solicitor fees.
What illnesses are linked to asbestos exposure?
Exposure to asbestos is directly linked to various health conditions, ranging from benign to severe and often fatal illnesses. These include:
Cancers linked to asbestos
- Mesothelioma – aggressive cancer of the lining of the lungs and, less frequently, of the abdomen, heart or testes, almost always caused by exposure to asbestos.
- Lung cancer – inhaling asbestos fibres can cause damage to the DNA of lung cells and promote abnormal, uncontrollable cell growth, resulting in lung cancer.
- Ovarian cancer – there is a strong link between occupational or secondary exposure to asbestos and ovarian cancer.
- Laryngeal cancer – the risk of developing laryngeal cancer is, on average, 40% higher in people exposed to asbestos.
- Possible links to pharyngeal, colon, rectal and stomach cancer.
Non-cancerous asbestos conditions
- Asbestosis claims – Permanent scarring of the lung tissue that can cause severe breathlessness and a higher risk of developing lung cancer or mesothelioma.
- Pleural plaques – Scarring and thickening of the membranes surrounding the lungs, the most common sign of asbestos exposure.
- Pleural thickening – Thickening of the lining of the lungs, which can cause chest pain and difficulty breathing.
- Pleural, peritoneal and pericardial effusion – Buildup of fluid in the pleura, abdominal cavity or between the layers of the membranes surrounding the heart.
Symptoms of asbestos illnesses may not appear for up to 40 years after exposure, and include fatigue, shortness of breath, chest pain, persistent cough and unexplained weight loss. For further medical information, see the NHS guidance on asbestosis and related conditions.
Who is at risk from asbestos exposure?
Although asbestos has been banned in the UK since 1999, many older buildings still contain it. It may also be present in insulation, roofing, pipes, floor tiles and automotive parts. Older household products, such as appliances, hairdryers and fake snow may also contain asbestos.
While anyone could be in contact with traces of asbestos, those who have directly worked with asbestos have the highest risk of developing a related disease. Such occupations include:
- Shipbuilding and naval service.
- Firefighting.
- Automobile industry.
- Waste management.
- Building demolition.
- Power station workers.
- Plumbers and electricians.
- Asbestos mining and milling.
- Construction workers.
- The textile industry and fabric milling.
- Manufacture of plastics, rubber or flooring.
- Railway construction.
Can I still make an asbestos claim if my employer is no longer trading?
Yes. You can often still claim for asbestos-related conditions even if your former employer has closed, been dissolved or declared bankruptcy.
For decades, employers have had a legal duty to protect workers from asbestos exposure and hold valid insurance to cover industrial disease claims resulting from their negligence. Even if the company no longer exists, you might be able to claim against its historical insurer.
If both a former employer and their insurer are untraceable, it may not be possible to bring a claim for compensation. In such cases, you might be eligible for state benefits or government compensation schemes, such as:
- Diffuse Mesothelioma Payment Scheme.
- Pneumoconiosis Etc. (Workers’ Compensation) Act 1979.
- Industrial Injuries Disablement Benefit.
Can I claim on behalf of a family member who died due to an asbestos related disease?
Unfortunately, many diseases caused by exposure to asbestos dust have a poor prognosis. If you lost a loved one because of a related illness and you qualify as their dependant, you could make a claim for compensation.
A wrongful death claim can cover:
- Loss of financial support and services.
- Reasonable funeral expenses that you paid for.
- The pain, suffering and financial losses incurred by your loved one before passing away.
- A bereavement award of £15,120 for your grief, if you are eligible under the Fatal Accidents Act 1976.
How long do claims for mesothelioma and asbestos disease take?
A claim for an asbestos-related disease, such as a mesothelioma claim, may take between 6 and 18 months to resolve. However, more complex cases in which liability or damages are disputed may take several years.
Your specialist asbestos lawyer will aim to secure the maximum level of compensation in the shortest time possible. They will also apply for interim compensation payments to help with medical costs and daily living while your claim is ongoing.
Call 0800 470 0472 today or request a call back to find out if you are entitled to compensation for asbestos exposure during a free initial consultation, with no obligation to proceed.
