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  • Asbestos Lung Cancer Compensation Claims

Asbestos Lung Cancer Compensation Claims

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Being told that you have lung cancer is a life-changing experience for sufferers and their families. Exposure to asbestos is known to cause several types of lung disease including asbestosis and mesothelioma, and there is a strong link with lung cancer too.

Can I Claim Asbestos Lung Cancer Compensation?

We’re here for you at this difficult time and have helped many people successfully claim compensation after they’ve been exposed to harmful asbestos fibres, whether as a member of the public or at work. Your employer may have failed in their duty of care to protect you if you’ve developed lung cancer as a result of your work, so you may be entitled to make a claim against them.

Why Choose Irwin Mitchell?

By making an asbestos lung cancer claim, we could help you secure compensation to pay for medical care and provide financial support if you’ve had to give up work. We have the largest asbestos-related illness team in the country who have a proven track record of success with claims of this nature, so you can be reassured that you’ll be represented by some of the UK’s best lawyers.

Are There Time Limits For Making An Asbestos Cancer Claim?

Your exposure to asbestos could have been decades ago but don’t let this stop you from making a claim. Our solicitors are experts in tracing insurers and businesses that are no longer trading and could even help if you aren’t sure where you were exposed.

Can I Make A No Win No Fee Claim?

A No Win No Fee agreement means that you don’t have to pay any upfront fees when you make an asbestos claim.* 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.

Contact Us

If you’re thinking about making an asbestos lung cancer claim, we urge you to contact us as soon as possible so we can start investigating your case.

No Win, No Fee*
Handled landmark asbestos cases in the High Court
Largest asbestos-related illness team in the country
Offices across the UK

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Adrian Budgen Partner Meet the Team

Asbestos Lung Cancer Compensation - More Information

After you’ve contacted us about your claim we’ll arrange a meeting as soon as possible to find out more about your situation. We can also set up home visits or meet you at a location that’s more convenient for you.

If we can take on your case, we’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

We’ll start investigating your case as soon as possible, finding out where you could have been exposed to asbestos, even if you’re unsure. Due to the nature of asbestos related diseases, it’s likely that your exposure happened decades ago: however, our specialist team are experts in determining where you were exposed, no matter how long ago it was. Our investigations will also help us calculate how much compensation we feel you are likely to receive.

Using this evidence, we’ll be able to determine who was at fault for your exposure and will contact the company and/or their insurer.

If they accept that they’re responsible for your exposure and subsequent illness, we could help you obtain early interim payments. These can support you financially and can help to pay for any medical care you might need while your claim is on-going.

In the event that responsibility isn’t accepted, we’ll help you through the court process, explaining everything that’s happening so you feel as comfortable as possible.

Find out more about what the asbestos claims process.

Our lawyers will always make sure that you receive a settlement that funds your care requirements. Compensation can help pay for:

  • Specialist private medical treatment
  • Loss of earnings
  • Expenses (e.g. travel costs)

We’ll always act efficiently to secure funds so your care needs can be met as soon as possible. If responsibility for your asbestos exposure is admitted by your employer, we might be able to secure you early compensation payments before your claim has fully settled. These early compensation payments are also known as interim payments and can help you pay for on-going care and expenses.

We can only calculate how much compensation you’re entitled to once we understand the full impact of your illness. The effects of asbestos exposure can develop slowly over time and can also mean that you’re more likely to develop illnesses such as mesothelioma. Your compensation will take this into account and will also consider any impact your illness has had on your quality of life and life expectancy.

If your loved one has died because they contracted an asbestos-related illness, our lawyers could help you with:

  • Recovering compensation for their pain and suffering and for financial losses caused by their death
  • Representing you at an inquest
  • Getting you the answers you deserve from those responsible

You might be able to claim if you’re the spouse or child of the person who has died. We could also help you make a claim if you were financially dependent on the person who died.

There’s normally a three year time limit from the date of the death to make a claim. If a post-mortem found that your loved one died due to asbestos exposure, you’ll have three years to claim from the date where you learnt of the findings. Find out more about time limits

Our lawyers could also help you access a statutory bereavement award: a flat rate currently of £15,120 which is payable when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

If your loved one had started legal proceedings before they died, you might be able to continue with their claim. You’ll normally have to do this within three years of the death. Find out more about continuing a claim

You may be able to make a claim even if your former employer is no longer trading. Our lawyers can access several databases so we’ll be able to trace the company and can check whether it’s currently trading under a different name.

If your employer is no longer trading, don’t worry: compensation is normally paid by your former employer’s insurer. Even if you were exposed to asbestos decades ago, we can still help you find out who was responsible so that you can access the compensation you deserve.

Our Asbestos department is the largest and most respected in the country, and regularly praised by independent legal guides. We’re renowned for ground-breaking asbestos claims like June Hancock’s, the first environmental asbestos case (involving outdoor exposure to the dust).

We’re proud to be closely associated with charities like Mesothelioma UK and the June Hancock Mesothelioma Research Fund. Organisations like these play a vital role in raising funds and awareness of the tragic effects of asbestos exposure.

Our asbestos solicitors are also at the forefront of the battle for greater legal rights for mesothelioma sufferers. We’ve taken a number of cases to the Supreme Court, including a landmark judgement in 2012 which meant insurers could be held responsible for asbestos exposure that had happened many years earlier.

View our team of experienced asbestos solicitors

The money has allowed me not to worry if I need to pay someone to help out. It was settled out of court… but at least it was some form of recognition. Clive would have been pleased with that."

Sue, client

Frequently Asked Questions

What Are The Common Causes Of Asbestos-Related Lung Cancer?

Although asbestos was completely banned in 1999, those working in construction, maintenance and demolition are still in danger of coming into contact with asbestos dust. Historically, people working in shipyards, metal works, chemical plants and power plants were also likely to come into contact with asbestos.

Asbestos-related lung cancer is caused by inhaling or ingesting asbestos. These toxic fibres cause genetic changes to healthy cells, over time damaging your DNA which can result in cancer.

Most of the claims we handle are on behalf of workers who were exposed to asbestos before the year 2000, when the last form of the substance was banned. It often takes years for the symptoms of asbestos-related illnesses to develop, but we’re experienced at helping those who were first exposed to asbestos decades ago.

A number of factors could have increased your risk of developing asbestos-related lung cancer, including:

  • How much asbestos you were exposed to
  • How long you were exposed to asbestos for
  • Individual factors such as smoking or pre-existing lung disease

As our lawyers are experts in investigating asbestos related disease claims, we’ll be able to help you trace your former employer or their insurer, no matter how long ago your exposure was. We could even help with your claim if your former employer is no longer trading.

If you would like to find out more about making a claim, contact us today on 0800 056 4110.

What Should My Employer Have Done To Protect Me From Asbestos Exposure?

The dangers of asbestos have been widely known for many years and by law employers have had to take out insurance to cover the risk of their employees being harmed since 1972. Despite this, asbestos was heavily used until most of its forms were banned in the mid-1980s.

It’s likely that your employer knew about the dangers associated with working with asbestos and therefore should have implemented safety precautions to keep you safe. These could have involved wearing protective facial masks and not allowing you to work near the substance for a prolonged period of time.

Some workers still have to work with asbestos, so the Health and Safety Executive (HSE) has set some guidelines which employers must follow. These rules include:

  • Avoid working with asbestos wherever possible.
  • Don’t allow work on asbestos if it’s in the form of a sprayed coating, board or lagging on pipes and boilers as this is too dangerous. Special contractors should complete this work.
  • Only allow employees to complete work with asbestos if they’ve had the correct training and have the right equipment.
  • Minimise asbestos dust by using hand tools and keep all materials damp. Employees should be advised to clean up as they work with special vacuum cleaner and should double-bag and clearly mark asbestos waste.
  • Always make sure staff are wearing an appropriate mask (ordinary dust masks aren’t effective).

If you’re worried that your employer didn’t do enough to protect you from exposure to asbestos, our solicitors could help, investigating your employment history and finding out if health and safety procedures weren’t followed. Phone us on 0800 056 4110 for a free initial consultation.

Am I Entitled To The Industrial Injuries Disablement Benefit?

You might be able to apply for industrial injuries disablement benefit (IIDB) if you’ve developed lung cancer because of asbestos exposure at work. This scheme covers those who worked in high risk jobs, such as:

  • Manufacturing asbestos tiles
  • Spraying asbestos
  • Working with asbestos insulation

Factors including the severity of your illness and your age will affect the level of benefit you can get under this scheme, but we can advise you how much you could receive and how to apply for these benefits. We can also advise you how retrieving benefits under this scheme could affect any other benefits you currently get.

You may also be eligible for the ‘The Lump Sum’ benefit.

For more information on how our lawyers could help you, contact us free today on 0800 056 4110.

Read More FAQs

Related Information - Asbestos Lung Cancer Compensation Claims

Coping With Bereavement - we can help you if your loved one has passed away from lung cancer
Mesothelioma Claims - we could help you make a claim if you’re suffering from mesothelioma due to asbestos exposure at work
Pleural Thickening Claims – our experts could help with your pleural thickening claim
Help With Health Care Costs - our factsheet provides information on the support with health costs you may be able to claim

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

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