Asbestos Compensation - Making a claim
Many people seeking asbestos compensation have been diagnosed with an asbestos related illness having been exposed to asbestos during the course of their employment.
At Your Accident Solicitors we specialise in asbestos related disease claims and have many years of experience in achieving successful settlements.
There are several different kinds of asbestos related disease including:
- Pleural plaques
- Pleural thickening
- Lung Cancer caused by exposure to asbestos
Click here for our asbestos related illness fact sheet which contains further information on each of these diseases.
You may have been exposed to asbestos a long time ago but have only just recently been diagnosed with an asbestos disease, as it can take many years for these illnesses to develop. However, it is still possible to pursue a claim for asbestos compensation if it can be proved that your employer exposed you to asbestos at a time when they knew, or ought to have known, of the risk of exposure.
In some cases, people with an asbestos disease may have died without making a claim. In these circumstances it is still possible for their families to claim compensation.
Asbestos Compensation - No Win, No Fee
If your claim has reasonable prospects of success then we will be happy to act for you on a ‘No Win, No Fee’ basis. We will make enquiries to ensure ‘No Win, No Fee’ is appropriate for you.
A court claim must be commenced no later than three years after you become aware:
- That you have an asbestos related disease
- That it may be attributable to some fault or lack of care by a former employer
- Of the identity of the employer (or their current identity)
The three year period begins from this date of knowledge - NOT from the original exposure. The courts do have power in some cases to extend this time limit but this power cannot and must not be relied on.
Your former employer may have been taken over or have a new name. This should cause no problems if they are still trading.
If your former employer is no longer trading, it may be possible to trace and bring a claim against their former insurance company.
Your claim must show that your former employer was negligent and/or breached a duty of care in that they exposed you to asbestos at a time when they knew - or ought to have known - that such exposure may be harmful to your health.
It will be necessary to investigate your employment history and exposure to asbestos.
It may also be necessary to call upon the help of an engineer to assess the relevant health and safety law and guidance available to your employer both before and after the time of your exposure.
Our solicitors specialising in asbestos related diseases will guide you through this process.
To proceed with a claim against your employer we will need to show that your condition was caused by exposure during your employment, rather than by exposure outside of work.
If you have been exposed to asbestos by more than one employer your claim will be divided proportionately between them. However, if you have been diagnosed with mesothelioma then you may recover 100% of any compensation from just one employer.
During your claim, an independent medical expert specialising in asbestos related illness will examine you and your medical records before confirming their opinion as to the formal diagnosis and cause of your illness.
The disease and illness protocol
The disease and illness protocol encourages better and early exchange of information by both sides to enable your claim to be settled early and without the need for court proceedings. If a claim cannot be resolved then the protocol aims to identify the relevant issues and to enable the efficient progress of court proceedings should they become necessary. For some types of asbestos claims, such as mesothelioma, there is also a fast track court procedure.
If you are successful in meeting the above requirements (either before or after court proceedings are issued) a compensation payment may be made to you.
You may also be entitled to state benefits, such as Industrial Injuries Disablement Benefit. If you would like further information please do not hesitate to contact a member of our team.
We believe that talking to a solicitor should not be a daunting experience and all our staff are committed to providing a friendly and approachable service whilst giving clear, straightforward and practical advice. If at any time you have a question about your claim then please contact us and we will be happy to help.
If you are suffering from an asbestos related disease which may have been caused by exposure during your employment then please contact a member of our team immediately. We will be happy to help and provide free initial advice.
There is no obligation to make a claim - you decide whether or not you wish to go ahead with your asbestos compensation claim