Mesothelioma Compensation Claims

Employers have a legal responsibility to protect their workers from harm. This duty of care extends to doing as much as possible to prevent you from coming into direct contact with harmful substances like asbestos.

Even though asbestos was only completely banned in 1999, its health risks became well known in the 1960s, so employers can still be held legally responsible for asbestos exposure that happened years ago.

If you worked with asbestos, your employer should have:

• Warned you of the harmful nature of asbestos
• Safely disposed of asbestos waste/dust, preventing any contact with workers or the general public
• Provided you with respiratory protection (as well as other safety equipment) to stop you coming into direct contact with asbestos when working with it

When employers fail to follow asbestos safety procedures, the consequences can be tragic, not only for the workers who are directly exposed to asbestos, but also for their families. For example, we have helped people who developed mesothelioma after washing their partner’s asbestos-covered overalls.

Yes, you can make a no win no fee claim for mesothelioma compensation. This means that you don’t have to pay any upfront fees and, if your claim doesn’t succeed, you won’t have to pay anything at all.

What happens if your claim does succeed depends on what type of claim you make:

• For mesothelioma claims: You keep 100% of your compensation.
• For asbestosis, asbestos-related lung cancer, pleural thickening, and pleural plaque claims: We don't ask you to make any contribution to your legal costs, but you will need to pay the litigation insurance premium from your compensation if you win the case.

This is because in 2012, the UK government decided that mesothelioma is so serious that the normal no win no fee rules shouldn’t apply.

Mesothelioma compensation amounts can vary, but we take into account a number of factors when calculating your claim. We will look at the impact of the illness on your life, as well as your loss of income and any care costs. You may also be able to make a claim for 'dependency' if a loved one (someone you were financially dependent on) has passed away from mesothelioma.

Asbestos-related diseases often take decades to develop but we could still help you make a claim. We could help you act against your former employer, even if you haven’t worked there for a long time or if they have ceased trading.

You will normally have three years to make a claim from the date you were diagnosed with mesothelioma. If you want to claim on behalf of a loved one who has sadly died because of mesothelioma, you will have three years to make a claim from the date of the death or from the point where a post-mortem revealed asbestos exposure as the cause of death.

While your lawyer investigates and manages your case, our Client Support Managers will work with you to assess what kind of support you need. This service is available at no extra cost.

They will advise you and help you to access:

• Statutory care and support services
• Understanding your condition and any treatments
• Local support and related charities
• Enable you to continue doing the things that are important to you
• Benefits
• Carer support services
• Adjustment and impact of your illness
• Ensuring those closest to you are properly supported.

Our Mesothelioma Support Team gives you a direct point of contact when you are not sure where to turn next. Whether you are struggling with the challenges of living with a life-limiting condition or you just need a chat, they are here for you.

School leaders don’t have to inform parents that they have asbestos on their premises. Their duty is to manage the asbestos in their building, but you can ask the headteacher or the school governors for more information. You can also ask to see the school’s policy for informing parents if asbestos is damaged or disturbed.

There should be an asbestos management plan to put parents’ minds at ease about it being under control. A variety of people can be responsible for this, depending on the type of school:

• For community schools, community special schools, voluntary-controlled schools, maintained nursery schools and pupil referral units, it’s the local authority.
• For academies and free schools, it will be the Academy Trust and for voluntary-aided and foundation schools, it will be the school governors.
• For independent schools, it may be the proprietor, governors, or trustees.
• In situations where budgets for building management are delegated to schools by the local authority, the duty to manage asbestos will be shared between the school and the local authority.

If asbestos is not disturbed, the risk is minimal, but it’s never zero. Its presence alone shouldn’t cause concern, provided it’s managed properly.

If asbestos is disturbed it releases fibres into the air, which can then be inhaled by people using the space. Inhaling asbestos fibres leads to an increased risk of developing an asbestos-related condition later in life.

If you believe your child has been exposed to asbestos, you should make a record of that exposure. You can ask their GP to record the date and details of possible exposure to asbestos in their records. You should also keep a copy of any letters/documents relating to their exposure.

You can contact our charity partner, Mesothelioma UK, for more details about its push for a central register of asbestos, including schools and hospitals, and you can also contact your local Asbestos Victim Support Group for further advice. It’s very likely they will have come across similar issues before. You can find details of your local support group at www.asbestosforum.org.uk.