Asbestosis & Asbestos Disease
Compensation Claims

If you have been diagnosed with an asbestos disease, you may be able to claim compensation

Asbestos is a naturally occurring mineral that was widely used in the construction industry in the UK until the 1980s. It was later discovered that asbestos fibres can cause serious health problems, such as lung cancer, mesothelioma, and asbestosis, when inhaled. Many individuals who have worked in jobs that involved exposure to asbestos or have lived in a building that contains asbestos may be at risk of developing these illnesses.

If you or a loved one have been diagnosed with an asbestos-related illness, you may be eligible to claim compensation for the harm caused by the exposure. A compensation claim for asbestos-related disease can help cover the costs of medical treatment, loss of income, and other expenses related to the illness.

You can make a No Win, No Fee compensation claim with the help and support of a specialist personal injury solicitor.

You are not alone

Rates of asbestos-related disease are higher in the UK than in many parts other parts of the world. The use of asbestos was permitted in the UK industry for years after many other countries banned the mineral.

Around 19,000 work-related lung disease cases were reported in 2022/23, and approximately 40% of deaths resulted from asbestosis and mesothelioma (hse.gov.uk).

Over 2,700 people are diagnosed with mesothelioma each year in the UK, most commonly in men aged over 75 (nhs.uk).

The TUC state that around 4000 people die each year as a result of asbestos-related cancers and other illness, long after the material's use was outlawed.

A large body of legislation and case law now exists to protect the public and to ensure that people who have developed asbestos-related disease can claim compensation.

If you decide to make an asbestos disease claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

Who can claim for asbestos-disease?

If you have been diagnosed with an asbestos exposure-related disease, you may be entitled to claim compensation.

You may also be able to claim on behalf of a family member diagnosed with mesothelioma, asbestosis or other asbestos-related diseases, even if that family member has died.

Claims can be made in cases of 'secondary exposure'. This can happen if you, or a member of your family, developed an asbestos-related disease as a result of exposure to asbestos fibres from the hair, skin or work-clothes of a family member who worked with (or around) asbestos.

Provided that the disease can be shown to have been caused by exposure to asbestos fibres, compensation is available. Quittance's solicitors have helped claimants get compensation for:

• Asbestosis scarring - caused by inhaling large amounts of asbestos dust or fibres
• Lung cancer - linked to direct exposure to asbestos or living with someone who worked with asbestos
• Mesothelioma - a form of cancer only caused by exposure to asbestos affecting the lungs, abdomen and heart
• Pleural thickening - causing breathlessness and pain when breathing

What is the time limit for making an asbestos claim?

Provided that the diagnosis occurred within the last 3 years, a claim is possible even when decades have passed since the exposure to asbestos occurred. Specific legislation has provided for compensation to be available to some who would have otherwise been unable to claim. If you are unsure about whether it is still possible to make a claim, contact Quittance on 0800 376 1001 for more information.

What if I don't know when or where I was exposed?

Your solicitor will investigate your work history and the possible causes of your illness and help to identify likely circumstances and determine whether you can make a claim. You can call a solicitor today to get this process underway.

What if my employer no longer exists?

The insurance company representing an employer at the time of the exposure will usually make the compensation payment, even if the employer itself has closed, been bought out, or declared bankruptcy. In situations where it is not possible to trace a company or their insurer, Government-run schemes exist to pay compensation.

Legislation, including the Pneumoconiosis etc. (Workers' Compensation Act) 1979, provides for lump-sum payments under such circumstances.

What is the Mesothelioma Compensation Scheme?

For people diagnosed with mesothelioma on or after 25th July 2012, a Government-run scheme exists to cover even cases where the insurance company of your employer cannot be traced. Compensation under the scheme averages £123,000. More details of this scheme can be found at gov.uk.

Prior to the scheme, the government estimated that hundreds of people each year were unable to claim as their employer was not insured or could not be identified.

How much compensation can I claim for an asbestos-related illness?

The compensation you can claim for asbestosis or other asbestos-related illness will depend on:

• the extent of your illness,
• how your illness influences your daily activities and work abilities,
• the costs or financial losses you?ve experienced due to your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your illness such as inhalers, steroids and pain management.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average asbestos-related disease compensation payouts

The following asbestos-related disease payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Asbestos-related disease

How compensation can help

Courts in England and Wales acknowledge that an asbestos-related illness can deeply affect both an individual with the disease and their dependents. Compensation is awarded to cover loss of earnings and future loss of earnings if you are unable to return to work, to reimburse medical treatment costs and other expenses, and general damages for pain, suffering and loss of amenity.

How the cause of your illness affects the claims process

The claims process changes depending on the cause of your asbestos illness. Click the icons below to learn more.

Work accidents Public places Medical negligence Other accidents

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.