Asbestosis is a chronic lung condition caused by prolonged exposure to asbestos fibres. Once widely used in construction, shipbuilding, and various industries, asbestos is now recognised for its harmful health effects. Inhalation of asbestos fibres can lead to scarring of lung tissue, resulting in difficulty breathing, chest pain, and an increased risk of lung infections. The condition is progressive and can significantly impair quality of life.
Eligibility for Compensation
In the UK, asbestosis is a recognised industrial disease, meaning individuals who have developed this condition due to occupational exposure to asbestos are eligible to claim compensation. There are two main avenues for claiming compensation:
Employer Liability Claims: If your asbestosis can be linked to exposure to asbestos at work, you can claim compensation from your former employer, if the company is no longer in business and insurance can be traced for the time you worked for the company, the insurance company will be responsible for paying your asbestosis compensation.
Government Benefits: In addition to a civil compensation claim against an employer or their insurer, affected individuals can apply for Industrial Injuries Disablement Benefit (IIDB). This is available to those who have been diagnosed with asbestosis and can demonstrate that the condition is work-related, we regularly assist clients with their benefit applications. In addition to IIDB, our clients may also be entitled to Attendance Allowance to assist with their care or a lump sum payment from the Government known as a Pneumoconiosis Workers Compensation 1979 Act payment.
Time Limits for Claims
There are strict time limits for making an asbestosis claim in the UK. You must file a claim within three years of diagnosis or from the date a reasonable person knowing what you knew, would have made the connection between symptoms and asbestos dust exposure. In special cases, the Court may exercise its discretion in extending this time period but this is not guaranteed and so it is important to look into whether you can make a claim as soon as you realise you are potentially suffering with an asbestos-related condition.
Navigating the Claims Process
Claiming asbestosis compensation can be complex, involving the need to take a detailed medical and occupational history to establish the link between asbestos exposure and the disease. Our experienced, expert, Asbestos Disease Solicitors will be with you every step of the way through your claim. We will gather all necessary evidence, trace insurance and negotiate the best settlement we can on your behalf. It is rare that an asbestosis claim would go to court at a final trial, even if Court proceedings are issued, as most cases settle.
How we can help
If you have been exposed to asbestos in the past and have been diagnosed with asbestosis or another asbestos-related condition, our expert asbestos disease team can advise whether you can claim compensation. Call us today on 01244 312306 or contact us for a free, no obligation chat to see how we can help you. All of our work is done on a no win, no fee basis.
