Dave Berry | Partner

Asbestos related conditions: When can I make a claim?

Asbestos exposure is usually associated with shipbuilding and heavy industry. However, there have been a new wave of asbestos cases coming forwards that indicate that asbestos exposure is no longer limited to these areas. Cases involving council workers, teachers and office workers are now becoming “the norm”.

Quite often people will be unsure as to whether or not they can make a claim. We have addressed some of the common issues below.

What does “Asbestos Related Condition” mean?

Exposure to asbestos fibres over a long period of time can lead to the following conditions:

  • Mesothelioma
  • Lung cancer
  • Asbestosis
  • Pleural thickening
  • Pleural plaques

Is there an automatic right to compensation?

There is no automatic right to compensation however. You must be able to prove negligence on the part of your employer/former employer. You must also be able to prove that it was this negligence that led to you developing an asbestos related condition.

Time Limits

The effects of asbestos exposure are usually not seen until a significant number of years (around twenty) after the exposure. As this is a significant period of time after the individual has been in that particular employment, it can cause concerns as to whether they are still able to make a claim.

In these types of cases an individual has three years to make a claim from the date that it was considered reasonable for them to be aware that their symptoms were due to their employment. This means that it is possible for the time limit to begin prior to any diagnosis.

What if the employer is no longer trading?

Quite often the company that exposed an individual to asbestos is no longer trading at the time they are looking to make a claim. This is quite common in such cases due to the amount of time that passes before an individual suffers with symptoms and a diagnosis is made.

The fact that a company has gone out of business does not prevent you from making a claim. In these cases, we will be bringing a case against the company’s employers’ liability insurers and not the company itself. We are able to take steps to identify who the insurers were at the time of employment.

It should be noted however that employers’ liability insurance was not mandatory until 1972. If the exposure occurred prior to this date then it there is a high possibility that no insurers will be found.

Get in Touch

At Jackson Boyd we have a great deal of experience of dealing with asbestos cases. If you have been diagnosed with an asbestos related condition and believe that it may be due to your working conditions please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Dave Berry

Dave Berry

Personal Injury Team

“It may be something of a cliché but I enjoy helping my clients and guiding them through what can often be the daunting prospect of being involved in a personal injury court action, whilst also ensuring I obtain the best possible result for them.”

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