Asbestos FAQs

Asbestos FAQs

My employers have gone bust. Can I still claim?

Even if your employer has gone out of business you may still be able make an asbestos claim. Most claims are paid by employer's liability insurance which has been compulsory for all employers since 1972. It is possible to trace insurers and at EAD we have a database designed specifically for that purpose. Once the insurance has been traced your solicitor can restore your employer and put them back into existence for the purposes of your claim to obtain asbestos compensation from your employer's insurers if successful.

I have not been exposed to asbestos for decades. Does this affect my claim?

In many instances asbestos exposure does not cause injury or illness for many years and even decades. Sometimes you will only become ill up to 50 years after your exposure to asbestos. This is a standard factor in asbestos compensations claims, so don't worry.

I have been diagnosed with asbestos illness. How long do I have to make a claim?

Many employers will challenge a claim on the basis that it is out of time. There are strict time limits for bringing claims. Broadly speaking you have 3 years from the date your condition becomes symptomatic and you are aware that your condition is because of your exposure to asbestos or the judge decides you should have been aware that your condition is because of exposure to asbestos. In many instances a judge may decide that until you saw your doctor and were advised you have an asbestos related illness you may not have been aware of the link between your symptoms and your exposure to asbestos but this is by no means guaranteed and it is best to seek legal advice as soon once you notice your condition. Once your solicitor is in possession of all the evidence in your case it is usually possible to advise you how likely it is that your case is in time or if not whether a judge may allow your claim to proceed anyway. At EAD we have successfully persuaded judges to set aside the usual time limits on many occasions. In the event that you pass away because of the asbestos illness the time limit can usually be extended to 3 years from the date of death.

What happens if I die before my claim is finished?

In the unfortunate instance that you die as a cause of asbestos related illness before your claim is finished your estate's legal representative (usually a member of your family or the person you have named as executor in your Will) can still continue your claim on behalf of your estate. Any compensation recovered will be distributed in accordance with your Will if you have one or in accordance with the rules of intestacy which state how a deceased person's assets are to be split if a Will has not been made once your claim is finished. This usually means your compensation will go to your close family members.

How much will it cost me?

The claim will not cost you one penny. At EAD we will provide a free initial consultation and if we require further evidence we will undertake that work for you without charge. If we determine you have sufficient evidence to succeed in your claim we will enter a 'No win no fee' agreement with you and take out appropriate insurance to ensure you are covered in respect of legal costs. If we determine at that point your claim would not succeed we shall advise you why and close our file of papers without any charge to you.

How long will it take?

We aim to deal with all claims as quickly and efficiently as possible. Most claims for Mesothelioma are resolved within 9-12 months in total and within 2-3 months of going to Court. Claims for other asbestos illnesses can take a little while longer to resolve and we aim to deal with all claims within 24 months of first instruction. There will sometimes be complicating factors which may take additional time to unravel, for instance if you have worked for a lot of employers or if insurance details prove difficult to trace. However you can rest assured that at EAD our expert team will identify the issues as quickly and efficiently as possible and keep you fully informed along the way.

How much compensation will I get?

This depends very much on what condition you have been diagnosed with, whether you have lost any years from work as a result and what your care requirements are. Compensation for mesothelioma sufferers usually exceeds £100,000. Depending on the condition compensation can be assessed on a final 'once and for all' basis or on a provisional basis which would entitle you to return to Court for more compensation if your condition developed into a more serious asbestos disease and deteriorated.