The biggest industrial killer


Claiming compensation for Asbestos related disease



Regrettably the numbers of people dying from asbestos related illness is likely to rise dramatically over the next 10 to 15 years and is expected to peak at around 10,000 deaths a year.

 


Compensation

 

The compensation is for the pain, suffering and disability, past and future. You can also claim for any past and future financial losses for example loss of wages, treatment and nursing care costs.

 

If your loved one has died, a claim can still be pursued if you are the widow or other dependent.

 

An award of provisional damages for less serious cases pays some compensation now and allows the victim to make a further claim in the future if their condition deteriorates or they develop other identified asbestos-related conditions.

 

Pleural Plaques or Pleural Thickening may be dealt with by an award of provisional damages

 

Mesothelioma is always dealt with by way of a final settlement.

 


Asbestosis related conditions:

 

Plaques - This is where changes in the lung showing evidence of asbestos exposure can be seen on x-rays. There may be a small risk of developing a more serious asbestos related condition.
Pleural Thickening - This may not be disabling or produce significant physical symptoms, but understandably the cause of great anxiety.
Asbestosis - This is a progressive crippling respiratory disease
Mesothelioma - a fatal form of cancer usually associated with exposure to asbestos
Lung Cancer - certain forms can be compensated for.

 

Some conditions associated with asbestos can also have other causes, eg Lung Cancer, which can be associated with smoking. Smokers with lung cancer can still consider a claim but we would need to discuss how it might affect your claim.

 

If you have been diagnosed with any of the above conditions, and have been exposed to asbestos, please telephone Angelina Rigby on 0117 9453022 or make a website enquiry or email Angelina on arigby@metcalfes.co.uk


If your former employer has gone out of business or ceased to exist, it may still be possible to pursue a claim for compensation against them or their insurers.

 

In the rare cases where it is not possible to pursue a claim against the employers or their insurers, a claim may lie with the government under the provisions of the Pneumoconiosis (Workers Compensation) Act 1979.

 

You should take legal advice as soon as possible after diagnosis. It is of course a difficult time for you and your family, but Angelina can explain your options and talk through with you how best to proceed.

 

Also, don't worry if you have had more than one employer, as you do not have to establish which particular employer breached their duty of care to you and caused the asbestos induced mesothelioma. It is sufficient for you to prove that one of the employers has materially increased the risk of injury. Provided one employer can be identified as having materially increased the risk to you of injury, that employer can be pursued in a claim for damages.*

 

The potential value of your claim will of course be discussed at a meeting with Angelina.

 

You may also be entitled to bring a claim if your spouse or partner's work led you into contact with asbestos. Recently a Bristol woman was awarded compensation after contracting an asbestos related condition through washing her husband's work clothes, her husband having worked in an industry which led him to work with asbestos.**

 


DWP Benefits

 

In addition to any claim for compensation, sufferers of asbestos-related conditions may be entitled to Disablement Benefit and other benefits from the Department for Work and Pensions. Leaflets are available from your local DWP office.

 

A sufferer may be entitled to a payment under the Workmen's Compensation Scheme if they were exposed to asbestos prior to 1948. For more recent exposure a person suffering from asbestos-related pneumoconiosis, diffuse mesothelioma, carcinoma of the lung, or bi-lateral pleural thickening is entitled to apply for industrial injuries benefit.

 


* Fairchild -v- Glenhaven Funeral Services (2002)

 

** Rees -v- Mabco (1999)

 


Call Angelina on 0117 9453022 or e-mail arigby@metcalfes.co.uk to discuss any potential claim.


This press release summarises the law on issues which we believe may be of interest to you. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published