UK Legal Options for Asbestos Exposure Victims

Last Updated on 4 September 2024

UK Legal Options for Asbestos Exposure Victims

It is essential to have a comprehensive understanding of your legal options if you have been exposed to asbestos in the UK or have gone onto develop asbestos exposure symptoms. Asbestos, once celebrated for its various properties, has unfortunately caused a devastating impact on the health of numerous individuals. Understanding the complexities of the legal system can feel overwhelming, but this guide is here to help simplify the process.

What exactly is asbestos?

Asbestos is a mined mineral that occurs naturally and is made up of slender, needle-shaped fibres. It was widely utilised in construction, shipbuilding, and various industries for its exceptional heat resistance and durability. Extended exposure to asbestos fibres can result in severe health issues such as asbestosis, lung cancer, and mesothelioma.

The Dangers of Asbestos Exposure to Your Health

Inhaling asbestos fibres can lead to serious harm to the lungs. It can be challenging to detect symptoms of asbestos-related diseases as they may not manifest until many years after exposure. Typical symptoms include a lingering cough, difficulty breathing, and discomfort in the chest.

The Historical Context of Asbestos Use in the UK

Following the second world war, there was a significant increase in the use of asbestos in the UK which peaked in the 1960’s. It was widely utilised in construction and manufacturing, putting countless workers at risk. Despite receiving early warnings, the implementation of regulations was sluggish. Asbestos was finally banned in the UK in 1999, but its impact still lingers on for many people.

Identifying Asbestos Exposure

Some jobs carry a greater risk of being exposed to asbestos. Some of the occupations that fall under this category are construction workers, shipyard workers, and electricians. It is crucial to have a good understanding of the symptoms in order to intervene early. If you have worked in these environments and are experiencing respiratory issues, it is important to seek medical advice immediately.

Jobs with a high level of risk of Asbestos Exposure

• Construction workers
• Shipyard workers
• Electricians
• Plumbers
• Joiners
• Insulation workers

Signs and Symptoms of Diseases Associated with Asbestos Exposure

• Continual cough
• Difficulty breathing
• Experiencing chest pain
• Tiredness
• Losing weight

 

Understanding the Rights of Individuals Exposed to Asbestos

Individuals who have been exposed to asbestos in the UK are afforded certain legal options and protections for asbestos exposure. Having a clear understanding of these rights can greatly assist you in your pursuit of compensation. Typically, individuals have a three-year window from the date of diagnosis or death of a family member to pursue asbestos-related claims.

Legal Protections: An Overview

Workers in the UK are provided with legal protection against hazardous substances such as asbestos. It is mandatory for employers to ensure a safe working environment and comply with health and safety regulations.

Time limits for legal action

It is important to note that a claim must be filed within three years of receiving a diagnosis (or death of a family member) for an asbestos-related disease. It is possible to extend this period in specific situations, therefore it is advisable to seek guidance from a solicitor.

Different Types of Compensation Claims

Asbestos exposure victims have access to various types of compensation claims when it comes to legal options in the UK. Some of the types of claims that can be pursued are personal injury claims, wrongful death claims, and employer liability claims.

Claims for personal injuries

If you have received a diagnosis of an asbestos-related disease, you have the option to pursue a personal injury claim. This statement encompasses medical expenses, lost wages, and the physical and emotional distress experienced.

Claims for Wrongful Death

If a loved one passes away due to asbestos exposure, family members have the option to file a wrongful death claim. This claim can help with funeral expenses, loss of income, and emotional distress.

Claims of employer liability

It is the responsibility of employers to ensure the safety and well-being of their employees. If they neglected to do so, you may have a basis for an employer liability claim. This can help cover expenses such as medical bills, lost income, and other costs that are related.

Understanding the Legal Process

Dealing with the legal process can feel quite daunting. Begin by seeking guidance from a knowledgeable solicitor who specialises in handling UK asbestos exposure claims and can advise you of your legal options. They will expertly assist you throughout every step, guaranteeing you the highest probability of achieving success.

 

 

What to Do After Receiving a Diagnosis

• It is advisable to consult with a healthcare professional and receive a proper diagnosis.

• Collect proof of asbestos exposure, such as employment records and testimonies from colleagues you worked with.

• It is advisable to seek guidance from a specialised asbestos litigation solicitor. They will have a deep understanding of the intricacies of these claims and be able to offer personalised guidance.

• Make sure to file a claim within the designated time frame.

The Importance of Evidence in Asbestos Claims

Having solid evidence is absolutely essential when it comes to asbestos claims. These documents encompass medical records, employment history, and witness testimonies. Providing a thorough and extensive collection of evidence will greatly enhance the strength of your case.

Medical Records

It is important to ensure that your medical records contain a comprehensive diagnosis of your asbestos-related illness. This is crucial evidence to support your claim.

Employment History

Record your employment background, specifically focusing on positions where you had contact or may have had contact with asbestos. This helps to establish the connection between your exposure and your diagnosis.

Witness Testimonies

Testimonies from colleagues or experts can provide valuable support for your claim by confirming your exposure and the conditions surrounding it.

Difficulties in proving Asbestos Exposure

Demonstrating the link between asbestos exposure and asbestos-related diseases can be difficult because of the significant delay in symptoms. In addition, pinpointing the precise origin of exposure can pose a challenge, particularly if you have been employed in various high-risk settings.

Latency Period of Diseases

It can take anywhere from 20 to 50 years for asbestos-related diseases to develop. The extended period of latency makes it challenging to establish a connection between exposure and diagnosis.

Determining the Origin of Exposure

Identifying the precise origin of asbestos exposure can prove to be quite difficult, particularly if you have held multiple jobs throughout the years. Thorough documentation and the insights of professionals can be instrumental in establishing this connection.

Government Assistance and Compensation Programmes

The UK government offers assistance and compensation programmes for individuals affected by asbestos. These programmes provide financial aid and support for covering medical costs.

Industrial Injuries Disablement Benefit (IIDB)

Individuals who have been disabled as a result of asbestos exposure at work can access IIDB. This benefit offers consistent payments that are determined by the extent of the disability.

Payment Scheme for Diffuse Mesothelioma (DMPS)

DMPS offers compensation to individuals affected by mesothelioma who are unable to identify their employer or their employer’s insurer. This programme guarantees that individuals who have been affected will receive financial assistance, even if the companies they used to work for are no longer operational.  The scheme is for those who:-

• Were diagnosed with diffuse mesothelioma on or after July 25, 2012
• Are unable to trace the employer or insurers who exposed them to asbestos
• Have not made a civil claim against any employer or insurer
• Have not received damages or a specified payment for mesothelioma

Understanding Court Procedures and What to Anticipate

Having a solid grasp of court procedures is crucial if you choose to look into your UK legal options or pursue an asbestos exposure claim. One must be familiar with the process of filing a claim, attending court hearings, and understanding the potential outcomes. Your solicitor will help with these aspects.

Submitting a Claim

An experienced solicitor will assist you in filing a claim, which requires the submission of comprehensive evidence and documentation to the court.

Judicial Proceedings

During court hearings, both parties present the evidence they have gathered. The judge will carefully assess the evidence presented and render a decision based solely on the strengths and weaknesses of the case.

Potential Results

If your claim is successful, the court may grant you compensation. The amount varies based on different factors, such as the seriousness of your condition and the level of your contact.

Resolving Legal Disputes without Going to Court

A significant number of asbestos claims are resolved through out-of-court settlements. This requires engaging in discussions with the defendant to come to a compensation amount that both parties find acceptable.

The process of negotiation

A skilled solicitor will work diligently to negotiate a settlement that is fair and favourable to you. This process can be faster and more convenient than going to court.

Advantages and Disadvantages of Settling

Resolving the matter outside of the courtroom can be a time and cost-effective solution. Nevertheless, the amount of compensation you may receive could be less than what you might obtain through a court judgement.

Amounts of Compensation

The compensation you receive is determined by various factors, such as the seriousness of your illness, the financial losses you have incurred, and the impact it has had on your quality of life.

Factors that Impact Settlement

• The seriousness of the illness
• Monetary setbacks such as medical expenses and income loss
• Feelings of emotional distress can have a significant impact on one’s overall quality of life
• Compensation Ranges
• Compensation amounts can differ significantly, but individuals affected by mesothelioma, for instance, may be eligible for substantial settlements due to the seriousness of the disease.

Long-Term Impact on Victims and Families

Victims and their families can experience long-lasting effects from asbestos exposure. In addition to the financial aspects, it is important to take into account the emotional and psychological hurdles that may arise.

Financial Considerations

Dealing with medical bills, loss of income, and other expenses can be incredibly challenging from a financial perspective. Compensation can provide relief for these challenges.

Support for your emotions and mental well-being

Dealing with an asbestos-related disease can take a toll on your emotional well-being. Support groups and counselling are invaluable resources for victims and their families, offering essential emotional support.

In conclusion

It is essential to have a thorough understanding of your legal options if you have been a victim of asbestos exposure in the UK. Being well-informed can make a significant difference, from understanding the symptoms to navigating the legal process. If you or someone you care about has been impacted by asbestos exposure, it is crucial to seek guidance from a legal professional. They can help you navigate your legal options for asbestos exposure that are available in the UK and ensure you receive the rightful compensation you deserve.

FAQ’s – UK Legal Options For Asbestos Exposure

What is the typical duration for processing asbestos claims?

It can take quite some time for asbestos claims to be resolved, ranging from several months to a few years. The duration of the process depends on factors such as the complexity of the case and the availability of evidence.

Is it possible for family members to make a claim on behalf of a deceased relative?

Indeed, if a loved one tragically passes away as a result of asbestos exposure, family members have the right to file a wrongful death claim within three years.

What happens if the company in question is no longer in existence?

Compensation can still be pursued through government schemes such as the Diffuse Mesothelioma Payment Scheme (DMPS) or pursuing the companies insurers.

Are there any support groups available for individuals affected by asbestos exposure?

Indeed, there are several support groups available that offer emotional and psychological support for individuals affected by asbestos and their loved ones.

What steps can be taken to minimise the chances of being exposed to asbestos?

It is important to be cautious when dealing with materials that may contain asbestos and to strictly adhere to safety guidelines if working in high-risk occupations. It is essential to always wear protective equipment and adhere to regulations.

Need professional advice?

We hope you found our article on the UK Legal Options for Asbestos Exposure both interesting and informative.  If you need any help or advice in regards to asbestos in your property then we’ll be very happy to assist you.  Give us a call and our experts will give you some advice and guidance on whatever if is you’re concerned about.

Please contact us on 0800 141 2676, email us at info@rbasbestos.co.uk or fill in the form below.

Our professional surveyors conduct inspections and surveys every day across the UK on all types of properties, both residential and commercial, for private home owners and commercial property Managers and owners.  So when it comes to managing ACMs in your property, you’re in very safe hands with RB!!