According to the Trades Union Congress, Asbestos is the single biggest cause of work-related deaths in the UK.

While laws have been put in place to ban the use of asbestos, it is still prevalent in many residential and commercial buildings. While it may be argued that exposure is limited, the effects continue to leave devastating consequences for families up and down the UK.

What is an asbestos claim?

An asbestos compensation claim is made by an individual who has suffered ill health as a result of asbestos exposure. The claim is for financial compensation for the pain and suffering and the effect their illness has on their life. Claims are made against the parties responsible.

Successful claims for asbestos need to prove that your employer was negligent in providing the legally required level of duty of care and that this led to your illness.

In most cases, you have up to three years from the date you were diagnosed with an asbestos-related illness to start your claim.

When can I make an asbestos claim?

You are legally entitled to make a claim for asbestos poisoning if you have developed an asbestos-related illness after being exposed to asbestos, and a duty of care by your employer has been breached.

The majority of asbestos claims are made against former employers, where it can be proven that your employer was negligent in their legal requirements in relation to asbestos exposure.

What do I need to prove in an asbestos claim?

To successfully claim asbestos compensation, you will need to prove the following.

• A medical diagnosis confirming your asbestos-related illness
• That you were exposed to asbestos, including where, when or how this happened
• That your employer (or other defendant) was aware of the risks and could have foreseen that there was a high probability that you may develop asbestos-related illnesses
• That your employer (or other defendant) was negligent and did not follow the legal regulations for activities around the use of asbestos, either by not informing you about the dangers or by not providing a safe working environment through a lack of suitable equipment or correct training.

Don’t worry if you don’t have all of this information. Our specialist industrial disease and accident at work solicitors have decades of experience successfully representing clients who have suffered from asbestos exposure.

As such, we possess the necessary resources and experience to collect the evidence that supports your claim. All you need to do is provide us with the information you do know, and we will take care of the rest

How can I claim for asbestos if my employer is no longer in business?

Even if your employer is no longer in business, you can still claim for asbestos-related illnesses by claiming against the company’s liability insurance provider.

All businesses are legally required to have liability insurance, and even if the company has ceased trading, this insurance policy should still cover any compensation claims relating to the policy’s term.

What are the most common types of asbestos-related illnesses I can claim for?

The most common asbestos-related illnesses that can be claimed for are:

• Asbestosis
• Mesothelioma
• Asbestos-related diffuse pleural thickening and pleural effusions
• Retroperitoneal fibrosis
• Asbestos-related lung cancer

In addition, you can claim for other types of cancers where a link can be established through medical evidence.

How long do I have to make an asbestos claim?

You have up to three years from the date you were diagnosed by a medical professional with an asbestos-related medical condition to start your claim.

It is extremely important to note that your legal right to claim is not in relation to when you may have been exposed, but from when you were diagnosed. This is especially relevant with asbestos claims, as many people who are entitled to claim were exposed many years ago, and it can take years before an asbestos-related illness develops.

The three-year period to begin a claim following your diagnosis is set by the Limitation Act 1980. However, there are certain circumstances where this limitation period may not apply. These include:

You will have three years from the date of passing for someone who may have suffered from asbestos-related illnesses.

For those who may not have the mental capacity to claim for themselves, the three-year period is extended indefinitely in the hope that they can do so at a later date. If this is not possible, a trusted family member may claim on their behalf.

Our specialist asbestos claims solicitors will be able to explain your legal rights, so please do not hesitate to get in touch if you are in doubt about your rights to claim compensation.

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

Compensation claims for asbestos-related illnesses can vary greatly and will depend on the severity of your symptoms, the level of pain and suffering you have experienced, and the effect your illness will have on your life and your loved ones.

Depending on the severity of your illness, compensation amounts for asbestos claims can vary from £18,500 up to £130,000, with some being considerably more.

The above figures only take into account what is known as general damages. The amounts calculated for general damages are taken from the Judicial College Guidelines from the Ministry of Justice and are to compensate you for the level of illness, the pain and suffering caused and the effect it has on your life.

In addition, you can claim for special damages. Compensation for special damages in asbestosis-related cases is for expenses you may have already incurred or will incur because of your illness.

Compensation could be claimed for expenses such as:

• Any loss of income or potential future income, including pensions
• Any costs associated with the medical treatment required to help manage the illness for the rest of your life
• Any costs for adaptations you may need to make to your home because of your illness
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred
• Any travel and motor expenses, including the cost of travel to and from appointments, including parking costs

Can I make a no win no fee asbestos claim?

Yes, all clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is usually a small percentage of the total compensation amount and will be agreed upon between us before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In some cases, we recommend that an After The Event (ATE) insurance policy be taken out. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim.

How much does it cost to make a no win no fee asbestos compensation claim?

Our no win no fee employer liability legal services for asbestos claims mean you will not have any upfront costs and will not pay a penny if your claim is unsuccessful.

If your claim is successful, the person you are claiming against will usually pay the majority of the legal costs, and you will only have to pay the agreed fee at the beginning of the claim process. Typically, this fee is less than 25% of the compensation you may receive.

When can I make an asbestos claim on behalf of someone else?

You may be able to make a claim for asbestos-related illnesses on behalf of someone else if they lack the mental capacity to do so themselves. In these instances, with authorisation, you can become the designated “litigation friend.”

You may also be able to take over a claim and continue the claim on behalf of someone who has passed away during the process.

Can I make a claim for asbestos on behalf of someone who has died?

Yes, you can make a claim on behalf of a loved one in the very unfortunate circumstances when a person has passed away, and they suffered from asbestos-related illnesses.

In these cases, the claim is submitted by the personal representative of the deceased’s estate, which is typically the spouse or child.

Claims are made to compensate those who were financially dependent on the deceased for the loss of income.

You will have up to three years following the date of their passing to start your claim. In a small number of cases, the court may extend this time limit in exceptional circumstances.

What are my employer’s responsibilities to protect me against asbestos exposure?

Although the use of asbestos in buildings was banned in 1999, it remains prevalent in many buildings. Exposure continues for those who must live or work in buildings containing asbestos, as well as for those renovating or demolishing such buildings.

As part of The Control of Asbestos Regulations 2012 Act, the Health and Safety at Work provide extensive guidelines for employers to adhere to for any circumstance that involves exposure to asbestos. This includes;

• Identify whether asbestos is present and determine the type of asbestos it is
• Conduct a risk assessment to determine if it is possible to perform the work without asbestos exposure
• Consider whether the work should be done by a licensed contractor for high-risk asbestos-related work
• Notify the relevant authority to let them know about the work that will involve asbestos
• Provide employees with asbestos awareness training, including instructions on what to do if you accidentally discover, disturb, or release asbestos
• To provide employees with appropriate protective equipment

If your employer has failed to do any of the following, they may be found negligent in their duty of care. If you have developed an asbestos-related disease as a result, you may be able to claim compensation.

How do I know where and when I was exposed, especially if I worked for multiple companies?

We understand that you may find it difficult to know exactly where and when you may have been exposed to asbestos. However, with our years of experience, we can identify when you may have been exposed more clearly.

We can do that based on the information you provide, including the type of workplace you worked at, the materials with which you may have been in close contact, and the nature of your work. It may even be possible that you were exposed multiple times throughout your working life.

We can combine all of this information alongside your medical records and more accurately assess when you were most likely exposed.

Asbestos-related illnesses can have a profound impact on the quality of life for those suffering from it. Please do not hesitate to contact us if you are suffering but are unsure where to start. Unfortunately, compensation is not a cure, but it can help you manage your illness as effectively as possible.

How long does an asbestos claim take to settle?

The length of time it takes for an asbestos claim to be settled varies. The majority of claims take between 12 and 24 months, with more complex cases potentially taking longer.

Generally, the length of time a claim may take to settle will depend on how easily liability can be established, accurately diagnosing the effect of your illness on your life, and negotiating with the other party on the amount of compensation that should be awarded.

Do I have to go to court for an asbestos compensation claim?

It is rare for asbestos claims to go to court, as the majority of cases are settled out of court. In the rare instances a claim may go to court, it is because the responsible party disputes liability and all other avenues have been exhausted.

Frequently asked questions about asbestos compensation claims

Can I make a second asbestos claim if I’ve already made a previous claim?

Depending on the terms of your initial compensation agreement, you may be able to make a further claim if your health has deteriorated.

A subsequent claim for asbestos can be made only if your original claim was made on a “provisional” basis. Provisional claims for asbestos are typically for smaller amounts, but they leave the claimant open to the possibility of bringing further claims in the future.

However, if you have already claimed on a “full and final” basis, your rights to claim against will be limited, as full and final claims usually are for more significant amounts, but restrict the claimant from making any further claims in the future.

What is secondary exposure to asbestos, and can I claim compensation for it?

Secondary exposure to asbestos can occur when someone is regularly in contact with someone who has been directly exposed to asbestos. In most cases, this can be a spouse or other close family members.

Secondary exposure can occur when asbestos particles found on clothing or in hair are inhaled.

Who is most at risk of asbestos poisoning?

Despite the ban on blue and brown asbestos usage since 1985 and the ban on white asbestos since 1999, many people are still exposed to it, as it remains present in many buildings constructed before these bans took effect.

Both before and after the ban, many tradespeople were in danger of being exposed, either through the removal or the original use of asbestos. The most common trades include;

• Carpenters
• Electricians
• Plumbers
• Plasterers
• Insulation engineers
• Painters and decorators
• Roofers

In addition, many others may have been exposed to asbestos by working in an environment where it is present or by removing it. This may include:

• People working in schools
• People working in hospitals
• Lorry drivers
• Factory workers
• Council workers

Furthermore, historically, people in the following types of employment may have come into contact with asbestos regularly.

• Shipyard workers
• Dockers

What is asbestos?

Asbestos is a group of naturally occurring fibrous materials that are durable and heat resistant. Due to its strength and fire-resistant properties, asbestos was a popular building material used in the UK from the 1940s until its ban in 1999.

In the 1960s, the use of products containing asbestos was widespread, meaning that it is highly likely that all trades involved in construction were exposed for a significant period of time right up to its ban.

Asbestos is found in many products used in both homes and commercial buildings, including ceiling tiles, pipe insulation, boilers and sprayed coatings. As asbestos was often mixed with other materials, and sometimes known by different names, it can be hard to know if you’ve been exposed to it.

Asbestos materials can be considered safe unless the fibres become airborne, which can occur when the material is damaged.

What types of asbestos are there?

There are three main types of asbestos.

Chrysotile (White Asbestos)

The most commonly used type, mostly found in ceilings, roofs, walls and floors of homes and businesses, including schools and hospitals.

Amosite (Brown Asbestos)

Amosite is most commonly used in cement sheets and tiles and is used for thermal insulation. It is more hazardous than Chrysotile.

Crocidolite (Blue Asbestos)

The most hazardous of the three, used in cement products, spray on coatings and pipe insulation.

Amosite and Crocidolite usage were banned in 1985, with Chrysotile being banned in 1999.

What were the common uses of asbestos?

Asbestos has been used in a number of ways as part of home and commercial building construction. The most common usage of asbestos in buildings includes, but is not limited to;

• Sprayed coatings for protection from fire on structural supports such as columns or beams
• Pipe Insulation, such as asbestos thermal pipe lagging
• Asbestos insulating board (also referred to as AIB) can be found in ceiling and door panels
• AIB window panels
• Many types of floor tiles, including vinyl and PVC or thermoplastic tiles, contain asbestos
• Roof sheeting made of asbestos cement, often found in industrial building roofs and walls
• Artex, a once-popular textured decorative coating for ceilings, contains asbestos. While fibres cannot easily be released in this format, care still needs to be taken.

What Government help, support and benefits are available for those suffering with asbestos related illnesses?

There are a number of charities, government supported groups and access to benefits available for those who may be suffering with an asbestos related illness. Some of these include;

• Industrial Injuries Disablement Benefit
• Pneumoconiosis, etc (Workers’ Compensation) Act 1979
• Diffuse Mesothelioma Scheme 2008
• HASAG
• Mesothelioma UK
• The British Lung Foundation
• National Asbestos Helpline
• Asbestos Action