AsbestosCompensation.co.uk

The use of asbestos was banned in the UK on 24th August 1999. Until then it was widely used in
shipbuilding, building and construction, plumbing, insulation and factories across the country. The
ban came as a result of increasing evidence that asbestos was a major cause of cancer and
tumours. The Asbestos Regulations amended in 1999 came about 5 years before the European
deadline and since then, there have been frequent cases of people claiming compensation for
conditions caused by working with the material.

People that have been diagnosed with asbestos related conditions are encouraged to seek legal
advice as quickly as possible. This is due to the time limits set on making a claim; both from the
public or private sectors. Generally, this limit is three years from the time a person is diagnosed
with the asbestos related condition. In rare cases, if a valuable reason for the delay can be proven,
a court may award damages after this time.

Even if a former employer has gone out of business, compensation can be claimed for asbestos
related illnesses. For the purpose of court proceedings the company will be restored to the
Register of Companies and, whilst it is likely they have no money to settle a claim, the firm that
insured them at the time a claimant worked for the company will pay up. There are several checks
an experienced solicitor can do to track down former insurers of businesses that have gone out of
business.

When a person claims compensation for asbestos related illnesses they have the right to decide
how to settle. If a person accepts a once and for all payment then they cannot return to court if
they develop any further asbestos related conditions. On the other hand, a lower payment can be
accepted but, in the event a further asbestos related condition does develop, the person retains
the right to return to court in the future.

In some cases, if a person in receipt of means tested benefits receives a large lump sum of
compensation, their entitlements to those benefits may be forfeited. This can be avoided in some
cases by placing any compensation awarded into special needs trusts.
The amount of compensation a person is likely to receive depends heavily on their circumstances.
Factors involved in deciding how much a person is awarded include the type of asbestos related
condition they have, how much pain and suffering they have endured, the extent to which the
condition has disabled them, various financial losses and care costs and other expenses that have
been incurred as a result of the asbestos related condition.

Another form of compensation for sufferers of asbestos related conditions is that from the state.
This generally comes in the form of Industrial Injuries Disablement Benefit, which is awarded to
sufferers of such conditions provided certain criteria are met. The Pneumoconiosis Act of 1979 also
means people eligible for Industrial Injuries Disablement Benefit can, in some cases, are able to
claim a one off compensation payment from the state.
A compensation claim can take up to several years to complete although in serious cases, such as
mesothelioma, special court proceedings can speed up the process to get compensation to
claimants within 12 months.

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