What is asbestos?
Asbestos is a naturally occurring fibrous mineral. It was used extensively in industry and construction throughout the 20th century across the UK until it was banned in 1999 due to it being discovered that it was dangerous and could lead to life-limiting/threatening diseases.
What impact can asbestos have on someone’s health?
Whilst asbestos exposure can lead to asbestos-related diseases and associated disability, it does not automatically; you can be exposed and have asbestos on your lungs, without it causing any issues.
Asbestos compensation claims
Even if you have been exposed to asbestos, you do not have an automatic right to claim compensation. This can only be done following exposure to asbestos if you have gone on to develop and be diagnosed with an asbestos-related disease that is causing a disability.
These diseases include:
- Mesothelioma;
- Asbestosis;
- Asbestos-related diffuse pleural thickening; and
- Asbestos-related lung cancer.
In order to claim compensation, not only do you need to be suffering from a disability as a result of the asbestos exposure, but you must also be able to show how/when you were exposed, so your legal representative knows who to pursue, i.e. who is liable for that exposure.
Additional claims for further health problems caused following exposure to asbestos
There is a common misconception that once you have claimed for an asbestos-related disease that is that. However, should you go on to develop another condition related to that exposure/disease, you may still be able to claim. The only bar to this is if your previous legal representative settled the original claim on a “full and final” basis which effectively overpays to cover the risk of future deterioration but prevents you from making a further claim in the future should you develop another disease or deteriorate.
However, if the original claim was settled on a “provisional” basis, then you may be able to claim for any deterioration or development of other related conditions or diseases.
Time limitations to asbestos compensation claims
One final point is time. Under the Limitation Act 1980, you have three years from the date of diagnosis in which to bring a claim. After this three-year period, it will be classed as legally out of time.
The three years, however, start to run again from the date of death in cases of asbestos-related death, which brings us to our final point. It is also possible for a family member to claim on behalf of a loved one if they have passed away from an asbestos-related disease, or if that person no longer has the capacity to bring a claim themselves.
How can we help?
Emma Howard is an Associate and Legal Executive in our expert Personal Injury team.
If you have any questions in relation to the topics discussed in this article, please contact Emma or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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