Asbestosis Claims

According to asbestos-related disease statistics published by the Health and Safety Executive, in each of the 490 deaths listed on the Asbestosis Register in 2019, asbestosis was mentioned as a factor. It is difficult to say precisely how many people die of asbestosis each year because the term asbestosis is often wrongly used as a general term for asbestos diseases of all types. So, some deaths attributed to asbestosis may be due to another type of asbestos disease, such as asbestos lung cancer or pleural thickening, but asbestosis was a factor too.

Conversely, asbestosis is also correctly referred to as pulmonary fibrosis and Interstitial Lung Disease, but on official certificates, it may be wrongly referred to as being ‘idiopathic’ or, in other words, ‘lung disease without a known cause’.

Other cases of asbestosis simply go undiagnosed.

Whatever the true extent of asbestosis in this country, it’s fair to say that it is far more widespread than you would expect a disease caused by asbestos exposure from decades ago, should be.

On this page, we share a detailed insight into the disease of asbestosis, including:

• What asbestosis is.
• How people get asbestosis.
• The symptoms of asbestosis.
• How asbestosis is diagnosed.
• How asbestosis is treated.
• The management of asbestosis.
• Whether asbestosis leads to mesothelioma.

If you cannot find the information that you are looking for, simply contact us using this form or by calling us on 0800 987 8809. We will be only too pleased to try and help you.

Protecting health. Enhancing awareness. Working towards a safer future.

Asbestosis is an Industrial Disease

As is the case with all other types of asbestos-related conditions, asbestosis is caused by inhaling asbestos fibres.

Usually, people who work in occupations where they are consistently exposed to a high level of asbestos exposure, day in, day out and over a long period, get asbestosis. It isn’t the type of asbestos-related illness usually caused by brief exposure over only a few weeks.

Extensive asbestos exposure is more likely to happen in an occupational setting and jobs we now recognise as being of the type where employees regularly came into contact with asbestos.

Examples include:

• Dockers.
• Shipyard workers.
• Boiler maintenance engineers.
• Construction site workers.
• Asbestos manufacturing.
• Railway engineering workers.
• Power Station maintenance.
• Electricians.
• Steelworkers.
• Joiners/carpenters.

Can I make an asbestosis compensation claim and, if so, against whom?

If you have been diagnosed with asbestosis and you worked in a job where you were exposed to asbestos, you might be able to bring a claim for compensation against your former employer.

The dangers to health that asbestos exposure causes were widely known in government and business circles many years before asbestos was banned in the mid-1980s and late 1990s. Despite this, employees received no warnings about the hazards of working with asbestos and little or no protective breathing equipment was offered to workers at risk of exposure.

Employers owe their employees a duty of care and must do their best to ensure their workers come to no harm whilst carrying out their work duties. Failing to protect from asbestos exposure would breach their duty of care.

How do I start an asbestosis claim?

To make a successful asbestosis claim, you should contact an experienced asbestos solicitor. Asbestos disease litigation is a niche area of personal injury law. A general personal injury lawyer may not have the experience required to deal with some of the complex situations that can arise during asbestos compensation claims.

Our experienced asbestos disease solicitors have been practising in the specialist area of asbestos claims for many years.

You can call James Burrell or Leanne Keating, partners at Bridge McFarland LLP solicitors now on 0800 987 8809 or email them at enquiries@bmcf.co.uk.

It may be that when you make that first call to our solicitors, you are undecided about making a claim or not.

It does not matter what stage you are at – when you call our accomplished asbestos claims solicitors, you will know you are in good hands as soon as you speak to one of them. They will listen to you, answer your questions, and give you their straightforward advice on what you should do next to pursue an asbestosis claim.

Can I make a No Win No Fee asbestosis claim?

If, after you have spoken with them, our asbestos disease solicitors believe you have reasonable grounds for bringing an asbestosis compensation claim against a former employer, they will discuss how to fund your claim.

Most of the asbestosis cases our solicitors take on are handled using Conditional Fee Agreement (CFA) arrangements, commonly referred to as No Win No Fee agreements.

We will explain to you how this type of arrangement works if you choose to ask Bridge McFarland LLP to act for you.

The main point to note is that having the benefit of a No Win No Fee arrangement means that if your claim is unsuccessful, you’ll have no legal fees to pay to anyone!

What is the asbestosis claims process?

You’ll have an initial meeting with your solicitor, and after an initial discussion with you, they will:

• Go through your work history with you to find out where you were likely to have been exposed to asbestos. They can fill in any gaps by obtaining your complete work history from HM Revenue and Customs (HMRC).
• Talk to you about the people you worked with to see if witness statements can be obtained from them to act as confirmation of the type of work you did and the extent of exposure to asbestos you were both subjected to.
• Apply for your medical records.
• Arrange for you to be examined by a chest physician specialist to confirm the diagnosis of asbestosis.
• Go through the different parts of the claim to be put forward on your behalf. As well as a claim for the pain and suffering caused by your illness, you will also be able to claim for:
  • Any loss of earnings.
  • Reasonably incurred medical fees.
  • The cost of having care assistance at home or any home adaptations needed to help you better cope with your illness, e.g., converting a downstairs room into a bedroom or bathroom.
  • Travel expenses to and from medical appointments.
  • The cost of employing someone else to do domestic tasks you can no longer do, e.g., gardening.
  • Out-of-pocket expenses.
• Advise you on any state benefits you are entitled to, including Industrial Injuries Disablement Benefit (IIDB). Our asbestos disease solicitors have extensive experience helping their clients get the benefits they are entitled to. They will even help you make the appropriate application to the DWP (Department for Work and Pensions) or other relevant government departments.
• Tell you approximately how long your claim may take.
• Give you an approximate guide as to what your asbestosis claim might be worth.

Will I be able to get an interim payment for my asbestosis claim?

If your former employer’s insurers accept liability for exposing you to asbestos and the subsequent disease caused, we will ask for an interim payment at the earliest stage.

An interim payment is a payment on account of the compensation you will receive at the end of the claim. Interim payments can help ease any financial pressure you, or your family, are experiencing and help pay for any care, domestic assistance, or medical treatment you may require.

How will you contact the company that caused my asbestosis?

One of the first things we do when we take on your claim and identify the company that exposed you to asbestos is check whether they still exist. If they do, we use our resources and experience to help us find out with whom they were insured.

Even if neither the company nor their insurers still exist, we may still be able to pursue an asbestosis compensation claim for you.

Will I have to go to court to pursue an asbestosis claim?

We frequently issue court proceedings in asbestosis claims for a variety of reasons, most notably when:

• Your former employer’s insurers or their solicitors are being slow to deal with the claim.
• We need to ensure that your claim is brought to court within three years of you gaining the knowledge that you have a serious health issue that you believe is related to asbestos exposure. Your date of knowledge is likely to be the date you received a diagnosis of an asbestos-related disease. There is a three-year time limit for bringing a claim to court. ‘Bring a claim to court’ means starting court proceedings by sending the relevant paperwork and fees to the court.
• The insurers of your former employer deny liability. That means they say your former employers were not responsible for you developing asbestosis. The only way to move forwards in such cases is by issuing court proceedings.

Nevertheless, most of the asbestosis claims our solicitors deal with are settled on the best possible terms without needing a court hearing. Some asbestosis claims may even settle without court proceedings having been necessary.

Other claims are settled by negotiation with the Defendant (your former employers/their insurers/ their solicitors) after court proceedings have been started but without going to a court hearing.

Finally, if the Defendants dispute your claim, or any part of it, the case will be decided at court by a Judge who will be experienced in dealing with asbestos cases. There is no jury in these types of court cases.

Our Asbestos Disease Solicitors are more than just lawyers.

From an early stage of dealing with our asbestos claim solicitors, you will find that they come to mean much more to you than simply being your legal representatives.

You will come to rely on them for practical advice, assistance and help throughout the whole claims process. They will be there for you, and your family, every step of the way.

Asbestos Awareness is dedicated to informing, educating, and supporting people in relation to asbestos-related diseases.

For further information, or to speak to a member of our experienced medical personal injury solicitors, please call 0800 987 8809. Alternatively, you can fill in this contact form.

To discuss making an asbestos compensation claim, please complete the form below to receive an email or a phone call from us.