Industrial disease claims: Legal advice for asbestos-related illnesses

Understanding asbestos-related illness claims

Asbestos exposure has caused severe health issues for thousands of individuals across the UK. If you’ve been diagnosed with an illness due to asbestos exposure, you may be entitled to asbestos-related illness claims. This guide explores the process of claiming industrial disease compensation and provides essential legal advice for navigating your case effectively.

Common illnesses caused by asbestos exposure

Prolonged exposure to asbestos can lead to serious and often life-threatening illnesses, including:

• Mesothelioma: An aggressive form of cancer affecting the lining of the lungs or abdomen.
• Asbestosis: Scarring of the lung tissue, leading to breathing difficulties.
• Lung Cancer: Often linked to prolonged asbestos exposure.
• Pleural thickening: Thickening of the lung lining, causing chest pain and breathing difficulties.

These conditions may develop decades after initial exposure, making it critical to seek expert legal advice as soon as symptoms arise.

Who can make an asbestos-related illness claim?

You may be eligible to claim if:

• You were exposed to asbestos in the workplace.
• You were exposed through secondary contact, such as washing the clothes of someone working with asbestos.
• You are bringing a claim on behalf of a deceased loved one who passed away from an asbestos-related illness.

Employers have a duty of care to protect their workers from harmful exposure. If they failed to provide adequate safety measures, they could be held liable for your condition.

Steps to bring an industrial disease compensation claim

1. Confirm your diagnosis

Visit a medical professional to confirm your illness and establish its link to asbestos exposure. A detailed medical report is essential for building a strong claim.

2. Gather evidence of exposure

Evidence such as employment records, witness statements, or workplace safety violations can support your claim. Ensure all documentation links your illness to asbestos exposure.

3. Consult a specialist solicitor

Engage an experienced solicitor with expertise in asbestos exposure claims. They will guide you through the process, helping you understand your legal rights and options.

4. Bring your claim

Submit your claim with the help of your solicitor. Compensation may cover medical expenses, lost income, pain and suffering, and other related costs.

Time limits for bringing a claim

Asbestos-related claims are subject to strict time limits. Typically, you have three years from the date of diagnosis to bring a claim. If you are bringing a claim on behalf of a loved one who has passed away, the three-year limit starts from their date of death. Act promptly to avoid missing your opportunity to seek compensation.

How compensation is calculated

Compensation for asbestos-related illnesses includes:

General damages

This compensates for the pain, suffering, and reduced quality of life caused by your illness.

Special damages

This covers financial losses, such as medical expenses, loss of earnings, and care costs.

Each case is unique, and your solicitor will work to secure the maximum compensation you are entitled to.

Frequently asked questions about asbestos-related illness claims

1. Can I claim if the company I worked for no longer exists?

Yes, you can still bring a claim. Compensation may be sought through the company’s insurance or government schemes. Learn more from the UK Government’s industrial injuries page.

2. Do I need to attend court?

Most claims are settled out of court. However, if your case proceeds to court, your solicitor will represent you and manage the process.

3. How long does the process take?

The duration of a claim varies depending on its complexity. Straightforward claims may be resolved in months, while more complex cases can take longer.

Why work with a personal injury solicitor?

Bringing an industrial disease compensation claim can be overwhelming. A solicitor specialising in asbestos-related cases offers:

• Expert guidance on complex legal and medical issues.
• Negotiation skills to secure fair compensation.
• Peace of mind while you focus on your health.

For further guidance, visit our page on Personal Injury Solicitors.

Specialist support

Industrial disease claims are brought for injuries and conditions caused by your past or present working environment. At Fosters Solicitors, we understand the impact industrial diseases can have on your day to day life and your future, and our experienced team are able to advise and guide you through every aspect of your claim, and to support you in your case against the employer.

We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement. Contact us for more information.

Case study

Peter contacted Fosters Solicitors following his diagnosis of mesothelioma, which is a severe form of cancer primarily linked to asbestos exposure.

Find out how we helped support Peter through his industrial disease claim to secure a settlement of over £100,000.

 

This article was produced on the 9th January 2025 for information purposes only and should not be construed or relied upon as specific legal advice.