Many people have heard of asbestos and most Brits are aware that asbestos exposure can lead to serious illness.
What is less commonly known is that if you have been made ill by asbestos exposure at work or home, you can claim compensation to cover your medical expenses and any time off work that you needed to recover.
In this guide, we’ll address the asbestos compensation claims process to give you insights and clarity into how you can make a claim and the benefits of working with an asbestos claims solicitor.
What is asbestos?
Commonly found in older properties, asbestos is a naturally occurring fibrous silicate that was regularly mined for use in building materials throughout the twentieth century, until its use was banned in 1999.
Asbestos fibres have many qualities that made them useful in the construction of buildings - they are strong, heat, fire and chemical resistant, don’t dissolve in water and can’t be biologically degraded.
Yet, it’s some of these very qualities that cause diseases within humans.
What diseases does asbestos cause?
Asbestos causes various diseases, many of which you can claim compensation for in England and Wales.
They are:
Mesothelioma – a cancer with few symptoms in the mesothelium – the membrane that covers the surface of organs
Asbestosis – a lung disease with no known cure
Asbestos-related lung cancer – develops in the tissues of the lungs after exposure to asbestos
Asbestos-related pleural effusions – fluid build-up in the lungs
Pleural plaques and pleural thickening – pleural plaques must cause symptoms to qualify in England and Wales, however in Scotland, the mere presence of them can lead to a successful claim
Can I make an asbestos compensation claim?
If you were exposed to the asbestos fibre and have been diagnosed with an asbestos-related illness, you may be able to claim compensation.
It can be tough to trace the cause, or starting point of asbestos-related diseases, however in order to make a successful asbestos compensation case you will need to be able to identify when you came into contact with it.
To make a claim you’ll need to show evidence that:
You were exposed to asbestos when at work or at home
Your employer or landlord knew the risks, but failed to address them
Your illness was caused directly by asbestos
You cannot claim if you were only previously exposed to asbestos without symptoms. Some doctors scare their patients into thinking they have asbestos-related diseases by mentioning that they have traces of asbestos in the lungs.
Doctors may also diagnose asbestosis only for later investigations to reveal small traces of asbestos in the lungs, which cause no symptoms or lead to an asbestos-related disease. If you have traces of asbestos in your lungs, you won’t be able to make a claim, but be prepared for the development of your symptoms, and gather as much evidence as possible about your exposure.
Who is at risk from asbestos exposure?
Asbestos is found in building materials including, flooring, roofing and insulation - it was also commonly used in spray form on walls.
Anyone that has come into contact with the material can have developed an asbestos-related disease. However, they are more common for those that engage in work on older buildings that have asbestos contained in the structure.
There are a range of industries where workers may have been exposed to asbestos in the past:
Miners that extracted naturally occurring asbestos
Boiler operators
Construction workers building residential and commercial properties
Mechanics and those working in aviation repairs
Workers that operated railways and repaired them
The Health and Safety Executive (HSE) have helpful guidance on asbestos, if you want to learn more.
What is the time limit for asbestos claims?
As with most personal injury claims, you need to have begun legal proceedings three years from the date that your symptoms of asbestos-related disease were diagnosed by a medical practitioner.
As some symptoms from asbestos triggered diseases take years to show, you may be able to claim even if you can’t confidently say when you were exposed to asbestos. You may also be able to make a claim if your old employer is out of business and if you were self-employed at the time of contracting the disease.
As with any personal injury, we advise that claimants start the process of claiming compensation as soon as possible. When you do, your solicitor will have a longer timeframe to investigate how you became ill and who is responsible for your illness.
Our expert asbestos claims solicitors are highly experienced in this area of the law and can guide you through the process of making a claim.
How do you prove asbestos exposure?
You will need to gather suitable medical evidence to prove that you were exposed to asbestos by a negligent party.
When you believe that you may have been exposed to asbestos, you can confirm a diagnosis by having a medical professional carry out an asbestos survey.
The HSE recommends you use a UKAS-accredited asbestos testing laboratory to perform your survey. Ask your doctor if they use UKAS-accredited labs.
Your GP will make a note of potential asbestos exposure in your medical notes. You should let them know when you think you were exposed, how long the exposure lasted and the type of asbestos you were in contact with.
Your GP might also carry out a chest X-ray to determine if you have symptoms.
You’ll also need to report your suspected exposure to your employer, as this will make them aware of other potential exposures.
If you have a trade union, you should also contact your local member for advice.
How much compensation can you claim for an asbestos- related disease?
The amount of compensation you could be awarded for an asbestos disease depends on the circumstances and severity of your illness.
There are two main types of damages payment:
General damages – these relate to how much pain and suffering your disease cause
Special damages – are informed by the costs arising from your illness, including medical expenses, care costs, travel costs to hospital and the cost of making accessibility modifications to your home
If your work life has been unduly cut short, or you can no longer do the same work, you are likely to get a higher settlement.
Additionally, if your quality of life has been seriously reduced, your chances of being paid a higher settlement increase.
The type of disease you develop will also have an impact on what you’re due.
Under Government guidelines, those who contract fatal asbestos-induced cancer that cannot trace a liable employer can apply for compensation worth £123,000.
Can you claim for asbestos in your house?
Yes, you can claim for asbestos exposure in your house.
You are most likely to be exposed to asbestos when work is being carried out in your home. This is because asbestos when undisturbed is harmless, however when damaged or disturbed, a high concentration of asbestos fibres can be released into the atmosphere, which you could then breathe in.
In this case, you would need to make a claim against the construction company working on your home and be able to submit the same proof as when claiming compensation against an employer.
If found responsible, the construction company in question could pay a settlement using their liability insurance.
If you have any doubts about the competence of workers in your home dealing with asbestos, you can make a report to your local HSE office.You can also check if the company working on your property is licenced by the HSE to carry out asbestos work.
Can you claim for asbestos after death?
Family members can claim on behalf of a loved one after death from an asbestos-related illness. In this case, you could claim as a dependent seeking loss of their income.
If you are claiming after the passing of a loved one, you will have three years from the date that an asbestos-related disease was identified as the cause of their death to make a claim.
Also, if someone you love does not have capacity to claim, then you can make a compensation claim for them.
Can you claim compensation more than once?
If you’ve already claimed for asbestosis, you cannot claim compensation again.
However, you do have the opportunity to change to another solicitor or law firm before your claim goes to court, so if you want a second opinion or are not happy with your current provider, you have the ability to look for another solicitor.
If your health worsens, which can happen with asbestos exposure, or you develop a new condition, and you did not win compensation on a ‘full and final’ basis, you may be able to start a new claim to support your medical expenses and lost salary if you can no longer work.
Can you sue the council for asbestos?
If you have been exposed to asbestos in your council property, you may be able to make a claim against your local council.
If your property was built before the asbestos ban in 1999, it is not illegal for asbestos to be present in your property. However, you may be able to make a claim if it is disturbed by tradesmen.
If you have asbestos in your home, you can find more information on Gov.uk about its removal.
No win no fee asbestos claims with Lawhive
Asbestos-related illnesses can be fatal, and if you have developed an asbestos-related disease due to someone else’s negligence, you deserve to be fairly compensated.
Our expert asbestos claims solicitors will ensure you get every penny you deserve and are transparent ─ we won’t hide any fees from you.
No win, no fee cases mean you don’t have to pay any upfront costs to hire legal representation. If you are unsure, you can read more about no win no fee arrangements in our thorough guide.
When making an asbestos claim, you’ll need a thorough body of evidence to support your claim; our experienced legal experts will help you gather this and walk you through the claims process like they have successfully done for many people in your shoes.
So, get in touch with a professional asbestos claims solicitor today for a free, no obligation case assessment.