If you have been diagnosed with Asbestosis in the last 3 years you may be able to make a claim for compensation.
Who can claim Asbestosis compensation?
Eligibility is based on the following criteria:
Diagnosis: You have 3 years from the date that asbestosis was first diagnosed to start a claim. If you are slightly over 3 years, we may still be able to help, please call us on 0800 923 0046 for more details. An Asbestosis diagnosis should not be confused with asbestos damage or asbestos scarring. If you are not sure exactly what you have, call us and we can request your for your medical records to be sent to our solicitors.
Finding an employer to claim from: This can be straight forward if you have only worked for one or two companies and they are still trading. However, many people may have a complicated history of past exposure. Under these circumstances, some companies may have ceased trading, others taken over, or you may have only spent a couple of weeks at each place. It would still be worth a phone call to see if our asbestosis team could still help. If we can help, we will, including pointing you in the direction of Government help if a civil claim is not possible.
Threshold of exposure: Unlike claims for most other asbestos diseases, you need to have had a significant level of asbestos exposure to claim for asbestosis. We will look into every case and advise accordingly.
Why choose our solicitors for your Asbestosis claim?
Royds Withy King have decades of experience and have recovered millions in compensation for victims of asbestosis. We will often take on cases that other firms of solicitors have rejected. This may happen for a variety of reasons, but often because they cherry-pick the cases that are the most lucrative.
Our specialist team of asbestosis solicitors, led by Helen Childs will consider any case where exposure occurred in The UK, no matter how long ago that exposure occurred.
How much will an asbestosis legal claim cost?
We operate on a no-win, no-fee basis. This means nothing to pay upfront - unlike many firms, we do not ask you to take out an insurance policy to cover our costs. This should provide peace of mind that we only take on claims for asbestosis that have a good chance of succeeding.
If the claim is not successful you will not have to pay anything. Otherwise, we will take a small percentage of any compensation awarded, this amount varies on a case by case basis, but is capped at 25%. This has been necessary over the last few years as recent legislation has meant that solicitors costs are no longer recoverable from the other side - ie the insurance companies of the companies where asbestos exposure occurred.
How much asbestosis compensation will you receive?
This will vary according to your unique circumstances. Your asbestosis compensation settlement will be a reflection of the pain and suffering from the illness has it has affected your quality of life. It will also factor in your past earnings, future loss of earnings and medical expenses.
The amount will therefore vary from around £10,000 to more than 100,000 for more severe asbestosis.
Does the UK Government provide compensation for asbestosis?
You may eligible to claim a lump-sum payment from The UK Government under The Pneumoconiosis Workers’ Compensation Act of 1979. This scheme provides lump-sum payments to workers who have contracted an industrial disease, including asbestosis from past exposure to dust and chemicals through their previous work. Our expert asbestosis solicitors can provide more advice on the compensation schemes available.
We will also you advise you claiming state benefits from the monthly Industrial Injuries Disablement Benefit (IIDB), the Personal Independence Payment (PIP) and Employment and Support Allowance (ESA).
Can you claim if you have already claimed?
If you have already claimed for asbestosis, you cannot claim again. However, if you started a claim with one company and are looking to change or for a second opinion, that should be possible if that claim was started within 3 years of diagnosis.
You could also claim for asbestosis if you have already received payment for a different type of asbestos disease, for example pleural plaques or thickening, but that would depend on the terms of that claim. If it was settled on “full and final” basis, then we would be unable to help further. Please call us for further clarification if you are not sure about this.
Can You claim for a family member who has died From Asbestosis?
Yes you can, the same limitation period applies, so as long the the diagnosis was less than 3 years ago, it will be possible to claim compensation for asbestosis for a fmaily member who has recently passed away. If more than 3 years, then there are circumstances under which a claim is still possible. Contact us on the number below for more details.
It is also worth noting that if the claimant was alive at the start of the claim, but dies before the claim has completed, then family members will be able to complete the claim.