Asbestos & Mesothelioma Compensation Claims

If you or a family member has been diagnosed with asbestos disease in the last three years, you might be able to make an asbestos compensation claim.

For a successful claim, we will need to show that:

• There is a high likelihood you were exposed to asbestos while working for an employer
• Your employer owed you a duty of care (e.g. they should have carried out an asbestos risk assessment, provided appropriate Personal Protective Equipment (PPE) etc.)
• Your employer breached its duty of care to you, leading to a risk of you being exposed to harmful asbestos fibres that could have been avoided

Our industrial disease claims team can gather all of the necessary evidence to support your claim. They will do this even if you were exposed decades ago or your former employer has gone out of business.

When making an asbestos claim it will be necessary to build an effective case that proves you were exposed to asbestos, and that this directly caused the disease you are living with.

This will typically involve bringing together a combination of medical reports (to prove your condition) and employment records (to prove that the exposure to asbestos was the fault of your employer).

It is important to note that you do not necessarily need to know where you might have been exposed to asbestos. When pursuing an asbestos compensation claim, our team is highly skilled in taking an investigative approach to find out where the exposure originated from.

It is also possible to prove your exposure to asbestos and start a claim if your previous employer is no longer in business. Asbestos compensation claims can be made against an employer’s insurance policy and, where this is not possible, there may also be the option of bringing a claim via a government scheme (see: How much can you claim for an asbestos-related illness).

If you have been exposed to asbestos during your working life and you have been diagnosed with an asbestos-related illness, you may be able to make a claim for compensation against your former employer.

In most cases, a claim will be brought against your employer or former employer, and this can be brought even if the former employer has gone out of business because they should be insured.

If the former employer or their insurers cannot be traced, then a claim may be made to the Diffuse Mesothelioma Payment Scheme, which is a government-funded compensation scheme. Our asbestos solicitors can help you make a claim with this.

The compensation you receive depends on several factors. These include the type of asbestos illness you have developed, your circumstances, and the impact your condition has on your life. Factors such as loss of income now and in the future as well as care costs will also be taken into account.

Working out exactly how much compensation you are owed for an asbestos disease can be complicated, with lots of things to consider. However, we will always aim to provide a realistic idea of how much compensation you may be able to receive before you start a claim with us.

You might also be able to make a claim through certain government compensation schemes, sometimes referred to as government ‘lump sum payments.’

The schemes available are:

• The Pneumoconiosis Workers’ Compensation Act 1979 provides lump-sum payments to workers who contracted the disease through their previous work.
• Diffuse Mesothelioma Payment Scheme 2008 – which provides lump sum payments for all those diagnosed with mesothelioma who cannot show that this was contracted through their previous work.
• Diffuse Mesothelioma Payment Scheme 2014- which provides lump-sum compensation for people who cannot pursue a usual claim because their previous employer or insurer no longer exists.

At Novum Law, we handle asbestos claims on a No Win No Fee basis. This means that if, for any reason, your asbestos claim is unsuccessful, you will not owe us any fees.

If the claim is successful, our asbestos claims solicitors will charge what is known as a ‘success fee’. The success fee for an asbestos claim will be a percentage of the legal costs that were incurred on your behalf.

The exact percentage your asbestos solicitor will charge will be agreed in advance of the claim starting. The fee paid to your asbestos solicitor will never exceed 25% of the combined value of your claim for damages.

Our asbestos solicitors will carefully review your case to ensure that you receive the maximum compensation available. This will ensure that your claim accurately reflects the impact that asbestos exposure has had on your life and that of your loved ones.

Compensation for asbestos claims will typically fall into 2 categories:

• General damages – This is for your pain, suffering and the impact on your lifestyle. This also includes ‘loss of amenity’ which refers to the activities you can no longer enjoy.
• Special damages – Any specific financial costs incurred due to your asbestos exposure, such as medical treatment and care support.

Working out the amount of compensation you are entitled to is known as ‘assessing quantum of damages’ or ‘assessing quantum’.

Yes. The general rule is that you have three years from the time you were diagnosed to make an asbestos disease claim.

If a family member has died from an asbestos disease, you usually have three years from the date of death to pursue a claim or three years from the date you discover their illness may have been caused by asbestos exposure.

Because it can take several decades for asbestos-related illnesses to develop, it does not matter when the asbestos exposure took place. Our specialist asbestos disease solicitors can help even if your employer has gone out of business or you don’t know how you were exposed to asbestos.

Most asbestos-related disease claims cases are settled without going to court. This can help you to get the maximum available compensation faster while avoiding the stress of court proceedings.

It is important to understand that it is often necessary to issue court proceedings as part of the process of pursuing compensation. However, it is still unlikely you will need to attend court, as it is usually possible to agree on an out-of-court settlement before your hearing date.

Yes, if your loved one died has died from an asbestos disease, you may be able to continue a claim they started. You might also be able to make your own claim on behalf of their estate and dependants. You will generally have three years from the date of death to start a claim.

A claim may be brought by the executors or administrators of the estate on behalf of certain family members and beneficiaries. This includes but is not necessarily limited to widows or widowers, partners, children and other dependants.

Asbestos compensation after death may potentially cover:

• Funeral expenses
• The loss of the deceased’s income
• Loss of services provided by the deceased (e.g. personal care support)
• Normal household costs
• Medical costs
• Childcare costs
• Counselling

Find out more about fatal injury claims

If you have started the process of claiming compensation for asbestos-related disease and you’re unhappy with the service or advice your current solicitor has provided, we would be happy to give a second opinion and take over your case where appropriate.

We are often asked to review cases where claimants feel things are moving too slowly or the level of compensation secured by their legal team is less than it should be. In such cases, we may be able to take over and get a faster and/or significantly higher settlement.

Asbestos is a natural material made of microscopic fibres. It was once widely used in industries such as shipbuilding and construction to provide insulation, fire prevention, roofing and flooring. It was banned in the UK in 1999 due to its links to severe illnesses, including cancer.

When materials containing asbestos are damaged or disturbed, tiny asbestos fibres are released into the air and can be breathed into the lungs. The fibres become trapped in the lungs and, over long periods of time, can cause inflammation, scarring and diseases such as mesothelioma and pleural thickening.

If you have worked in industries where asbestos was heavily used, you are more at risk from developing an asbestos disease. This includes those who’ve worked in plumbing, engineering, joinery, construction or dockyards.

We have also helped people who have been exposed to asbestos because they’ve worked in a building containing asbestos (such as a school or hospital) or lived close to a factory or building site with asbestos. You can also be at risk if you’ve had ‘secondary exposure’ to asbestos, such as washing a family member’s work clothes covered in asbestos dust.

Yes, you may be entitled to receive certain state benefits such as:

• Industrial Injuries Disablement Benefit (IIDB)
• Personal Independence Payment (PIP)
• Employment and Support Allowance (ESA)
• Blue Badge and Attendance Allowance.

We can advise you on the state benefits available and how to claim them.