Asbestos Compensation Claims

The availability of compensation for individuals who have been exposed to asbestos dust varies significantly depending upon the nature of the condition which has been diagnosed and the severity of the symptoms.

In England and Wales it is no longer possible to pursue a claim for personal injury compensation in relation to pleural plaques. Different rules apply however where exposure occurred in Scotland or Northern Ireland.

Compensation will be payable if you have developed pleural thickening as a result of asbestos exposure although the level of compensation that can be recovered will depend upon the symptoms of breathlessness and chest pain that are experienced. Compensation can be also recovered for asbestosis providing the condition is severe enough to give rise to specific symptoms. Compensation will always be recoverable where you have been negligently exposed to asbestos dust and have developed mesothelioma or lung cancer in the presence of asbestos.

The level of compensation attributable to an asbestos related condition will be determined by the severity of symptoms. However in all claims except those arising from mesothelioma, the amount of compensation actually received will also depend upon the number of negligent parties that can be held accountable. This is because the compensation payable will be apportioned between the negligent parties responsible for the exposure. In such circumstances the proportion of compensation each negligent party will have to pay will usually be determine by the period of time over which they were responsible for such exposure. Where a company no longer exists and the insurers cannot be traced, the level of compensation received will be reduced as that party has not made any contribution.

No such apportionment is made with regard to awards for mesothelioma. As a consequence it should always be possible to obtain a full award of compensation providing at least one Defendant can be traced. Where no Defendant can be identified it may still be possible to apply for payment under one of the Government schemes that presently exist.

In some cases the company no longer exists and whilst the employer liability insurers can be traced, they are found to be insolvent. In these circumstances it is possible to submit a claim to the Financial Services Compensation Scheme (FSCS).

At Sintons our specialist personal injury solicitors have significant experience in pursuing asbestos disease compensation claims and can advice you fully on all such issues.

All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.

To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.