Asbestos Compensation Claim Solicitors

What is Asbestos and Asbestos-Related Diseases?

Asbestos, which is a naturally occurring fibrous material, was widely used in industry and construction in the UK throughout the 20th century. There are several types of asbestos, all of which can be extremely harmful and even deadly. Importing and using blue and brown asbestos was banned in the UK in 1985, with white asbestos banned in 1999.

The dangers of asbestos arise from the fact that working with it produces asbestos dust made up of thin, sharp fibres. Once inhaled, these fibres can’t be dissolved by the body – they may become lodged in the lungs and cause scar tissue to build up, and this makes it difficult for the lungs to fill up with air.

Currently, asbestos might be found in any UK industrial, commercial or residential building that was built or refurbished before 2000. Building materials which may have asbestos present within them include:

• Asbestos cement
• Asbestos Insulating Board (AIB) panels
• Tiles
• Textiles such as fire blankets
• Insulation applied around areas such as doors and boilers
• Decorative textured coatings such as artex, applied to walls and ceilings

Asbestos claims can be based on a number of different conditions, all of which are caused by exposure to asbestos fibres. If you’ve been diagnosed with any of the conditions below then you have been exposed to asbestos at some point, and this may have happened because an employer was negligent and failed to take reasonable steps to create a safe working environment.

Any of these conditions could form the basis of an asbestos compensation claim if you can show that it was caused or made worse by the negligent actions of an employer:

Asbestosis

Asbestosis happens when asbestos fibres enter the lungs and scar them over time, causing damage and inflammation. It is a long term, incurable condition which requires on-going treatment to be managed. This treatment might include the use of oxygen therapy and inhalers.

The symptoms of asbestosis might include the following:

• Being short of breath
• Wheezing
• Having a persistent cough usually lasting 3 weeks or more
• Feeling fatigued
• Having pains in the chest or shoulder
• Developing swollen fingertips

Mesothelioma

According to the British Safety Council, there are approximately 2,500 deaths from mesothelioma in the UK each year, ten times more than the annual number during the 1970s. Mesothelioma is an incurable type of cancer which forms in the outer lining covering some organs.

It may develop in the stomach, heart or testicles, but is most commonly found in the lungs, causing a form of cancer called pleural mesothelioma. As with asbestosis, the symptoms of mesothelioma appear slowly over a prolonged period.

As well as the symptoms already listed for asbestosis, mesothelioma may cause the following:

• Developing a high temperature and sweating, particularly at night
• Losing your appetite and experiencing unexpected weight loss
• Feeling nauseous or being sick
• Having swelling or pains in the stomach
• Experiencing diarrhoea or constipation

The prognosis following a diagnosis of mesothelioma will be poor, due to the fact that it only causes symptoms once it is well-advanced. Once this has happened, it will usually progress quickly.

Asbestos related diffuse pleural thickening

Pleural thickening happens when the scar tissue caused by inhaling asbestos increases the thickness of the lining of the lungs. It is sometimes present without clear symptoms, but is often a sign of exposure to asbestos.

Asbestos related lung cancer

Statistically speaking, asbestos exposure only plays a role in a small number of lung cancer diagnoses. For those affected, however, asbestos related lung cancer is still a very serious asbestos related disease, and can form the basis of a successful asbestos compensation claim.

Unlike mesothelioma, asbestos related lung cancer causes tumours to form inside the lungs rather than in the lining. In most cases, it is fatal, although in some it can be treated using surgery.

Although many lung cancer cases are caused by smoking, exposure to asbestos can greatly increase the risk in both smokers and non-smokers. This means that even heavy smokers can pursue asbestos compensation claims if it can be proved that asbestos caused the lung cancer to develop, or made it worse.

One of the features of asbestos related diseases which makes asbestos compensation claims more complex is that the illnesses have a long latency period. This means that they can take anything between 10 to 50 years to develop, with symptoms only emerging 20 to 30 years after the exposure to asbestos took place.

Diagnosis of asbestos-related diseases

An asbestos related disease may be diagnosed by a GP following a visit caused by one or more of the symptoms listed above. The GP will listen to your lungs and will likely refer you to a specialist in lung diseases, if they suspect that asbestosis or another similar condition is present.

Any diagnosis of an asbestos related illness will also be based on questions about your work history, and whether you have worked in one of the industries which is regarded as high risk. Tests carried out in order to ascertain the type and extent of the illness will include:

• Chest X-rays
• A CT scan of your lungs
• Lung function tests to measure the current functionality of your lungs
• The treatments for asbestosis
• If you are diagnosed there is no cure, as it is not possible to fully reverse the damage suffered by the lungs. Treatments which can alleviate the symptoms include the following:
• Pulmonary rehabilitation – exercises and education designed to manage the symptoms
• Oxygen therapy – using a machine or oxygen tank to take in oxygen-rich to boost blood oxygen levelsUsing an inhaler to aid breathing in milder case

If you develop asbestos related lung cancer or mesothelioma you may be treated with chemotherapy and radiotherapy to alleviate symptoms and stop the cancer spreading further.

Who is At Risk of Asbestos Exposure?

The general risk of exposure to asbestos has lessened since the substance was banned completely in the UK in 1999. Those who are at the highest risk of developing an asbestos-related illness are those who worked in the following industries:

• Working in shipyards
• Working in the demolition industry
• Working in construction, including surveyors and architects
• Working in maintenance or as a caretaker
• Working in a trade such as electrician, carpenter, joiner, plumber, painter and decorator, roofer or plasterer
• Working to install gas and electricity systems
• Working to install burglar and fire alarms
• Working in a power plant or chemical plant
• Working in certain industries, in particular factories or workshops in which materials containing asbestos are processed
• Engineering work including heating and ventilation engineers, insulation and telecommunication engineers and cable layers

In the present day, workers most likely to come into contact with asbestos are those working in pre-2000 buildings doing jobs such as plumbing, heating, joining and construction. If you work or worked in any of these industries or sectors and have developed an asbestos related illness then you may be able to make an asbestos compensation claim.

The list of sectors isn’t comprehensive by any means, as asbestos exposure can also happen during time spent working in a contaminated building such as a school or hospital, or through what is called environmental exposure, which impacts people who lived or grew up close to an asbestos factory.

No matter what kind of work you do or have done, if you develop an asbestos-related illness you should contact the team at Wolferstans. Our experience of dealing with asbestos compensation claims means we’ll be able to decide whether it sounds like your illness was caused by negligence, and you may be entitled to make a claim.

Secondary asbestos exposure

There are some circumstances in which you can make an asbestos claim even if you have never worked directly with asbestos or aren’t aware of being exposed to it. Mesothelioma, in particular, can develop following only relatively low levels of exposure, so those who develop this illness may never have actually worked with asbestos.

Secondary asbestos exposure of this kind can take place if you came into contact with people who worked directly with asbestos, and carried the fibres back home with them on their clothes or other items. It could happen through simple actions such as hugging the person in question, or handling their clothes, such as when washing them.

Secondary exposure of this kind is sometimes referred to as household exposure or domestic exposure. No matter how you come into contact with asbestos fibres, you may be in a position to make a claim for compensation if it can be shown that the presence of asbestos fibres was caused by negligence.

Legal Framework Surrounding Asbestos Claims in the UK

The legal framework surrounding asbestos claims is fairly complex, with a number of different pieces of legislations applying to the duty of care any employer has. Regulations were first introduced back in the 1970s, in the form of guidance on the use of asbestos in the workplace.

In the present day, employers have to comply with strict rules set out by the Health and Safety Executive (HSE), which state that they should do the following:

• Identify any asbestos present in the working environment, including what type it is
• Complete a risk assessment to determine whether intended work can be carried out without exposure to the asbestos
• Decide whether the work in question should be done by a contractor with a licence to handle asbestos
• Notify relevant authorities of any work which involves asbestos
• Ensure that any employees exposed to asbestos are provided with protective equipment and the right training

If an employer fails to follow the regulations pertaining to the use of asbestos, and you developed an asbestos related disease at a later date, you may be entitled to compensation.

Control of Asbestos Regulations 2012

The Control of Asbestos Regulations 2012 are the most up to date regulations dealing with exposure to asbestos. In general, they are applied to properties constructed prior to 2000, which may still have asbestos materials in place.

The Control of Asbestos Regulations apply to three sets of people:

• Employers
• Employees
• People managing the maintenance of non-domestic premises

The regulations state that parties have a duty to protect themselves and others from exposure to asbestos while at work, no matter the type of premises that work involves.

Where non-domestic premises are concerned, there is a duty to manage asbestos. This means that the person in charge of maintenance for non-domestic premises – known as the duty holder – has to do the following:

• Take reasonable steps to find out whether materials containing asbestos are present
• If materials containing asbestos are present, the duty holder should take steps to discover the amount, location and condition of those materials
• Unless there is strong evidence to suggest otherwise, they should assume that all materials contain asbestos
• They should create and maintain an asbestos management plan
• They should review and monitor this plan on a regular basis
• They should ensure that anyone who is likely to work on or disturb the materials containing asbestos is aware of the location and condition of those materials
• An asbestos risk assessment should be reviewed and updated every 6-12 months.

The HSE also states that the person responsible for managing asbestos within an organisation must have the skills, resources, training and authority needed to ensure that the management of asbestos is safe and effective. It is down to the duty holder to ensure that the responsible person receives any additional training needed to manage the asbestos within any premises safely.

The regulations also state that the control limits for asbestos are set at 0.1 asbestos fibres per cubic centimetre of air, taken as an average over a 4 hour period. While a figure of this kind may sound fairly technical in nature, it could play a role in a compensation claim if you can show that an employer has failed to monitor or note the amount of asbestos fibres in the air.

If you run the risk of being exposed to asbestos fibres in the workplace – i.e. because you are working in construction or maintenance on a property built prior to 2000 – you should be given training on how to minimise the risks and work safely. If this training is not provided then your employer has been negligent.

If it can be demonstrated that the employer with a duty to manage asbestos within a premises was negligent in meeting their responsibilities and this caused the asbestos-related illness you were later affected by, then you could be able to make a claim for compensation.

Licensed Contractors

In some cases, the HSE stipulates that a licence is required if a contractor is carrying out work involving asbestos. This includes the following circumstances:

• The exposure to asbestos is not merely sporadic and low intensity
• The risk assessment doesn’t clearly demonstrate that the control limit for asbestos won’t be exceeded
• The work involves asbestos insulation or asbestos insulating board and the risk assessment shows that this work will not be of short duration. The definition of short duration work referred to in the HSE regulations is work that
  will take no more than two hours over a 7 day period, with no single person working for more than an hour in that two hour period.

Even if you are tasked by your employer with carrying out work which doesn’t require the involvement of a licenced contractor then effective controls must be in place. The fact that an employer didn’t bring in licensed contractors when it would have been appropriate could form part of any future compensation claim.

Mesothelioma Act 2014

The Mesothelioma Act 2014 contains legislation dealing with the Diffuse Mesothelioma Payment Scheme (DMPS). This is a scheme designed to compensate people diagnosed with mesothelioma who are unable to trace an employer or insurer to claim from.

In addition to the DMPS, the insurance industry as whole set up the Employers’ Liability Tracing Office (ELTO). This service features a database of millions of insurance policies from past and present employers’ liability insurers, making it easier to track down the right insurers when making a mesothelioma claim against a former employer.

The fact that asbestos-related diseases often only become apparent many years after the exposure to asbestos actually took place can make it difficult for any claimant to track down the specific employer responsible for the negligence which caused their illness.

The expert team at Wolferstan have many years’ worth of experience when it comes to tracing employers and the relevant insurers, even if the business in question is no longer trading. If you come to us with your diagnosis and details of your employment history, we’ll do everything we can to get the compensation you’re entitled to.

How to Claim for Asbestos Compensation

Making an asbestos compensation claim can feel like a complex and difficult process. This is particularly the case if you’re still reeling from the emotional and psychological impact of being diagnosed with a life-changing and potentially even terminal illness.

Aspects of the claim which have to be considered include the time limits which are in place, the evidence which needs to be gathered, and understanding what would represent a fair compensation offer.

We understand how difficult all of this can seem, and work closely with our clients to guide them through the asbestos compensation claims process one manageable step at a time:

1. Contact us for a free initial consultation. This is where you can explain the diagnosis you’ve been given, including the prognosis for your future health. By combining this with your employment history we’ll be able to decide whether you have the grounds to make a claim for asbestos compensation.

Our experience working with asbestos claims means that we may even be more aware than you are of situations in your working life which may have involved exposure to asbestos. If we think you could claim compensation, we’ll explain how the process works, including the fact that our no win no fee service means you won’t have to pay anything up front.

2. If we think you have a good chance of being paid asbestos compensation we’ll start to investigate and build a case. The statement we take from you will include the following:

• Your diagnosis in detail, together with any test results
• The symptoms you experience and how they are affecting you
• The limits which these symptoms place on your ability to live your life, both working, where appropriate, and personal
• The fullest possible details of your working history, including the names of your employers and the type of work you carried out for them. Any gaps in your memory can be filled in by getting details of your complete work history from HM Revenue and Customs (HMRC).

By going through this work history with you we’ll be able to identify where and when you were most likely to have been exposed to asbestos.

If you still know the names of any of the people you worked with we will try to trace them to gather witness accounts of any projects you worked on and build a fuller picture of the degree to which you were exposed to asbestos.

3. We’ll organise a medical examination with an independent specialist in the field of asbestos related diseases/respiratory diseases. The evidence they gather will be used to produce a medico-legal report which could, if needed, be presented to a court.

In some cases, particularly with more serious asbestos-related diseases, you may have to undergo more than one medical examination. There is a possibility that an employer’s insurers or solicitor will ask you to attend an examination with their own expert.

The medical examinations will also be used to gain an insight into the progress the illness is expected to make and your expected quality of life in the future. This could have a big impact on the amount of compensation you receive, or the speed with which the claim is processed.

We will also, with your consent, access the rest of your medical records to see if there is evidence of symptoms beginning to emerge in the past. This will help to build a full picture of your asbestos-related illness, as well as offering a guide to when the exposure might have taken place.

4. We’ll inform the relevant employer, or the insurer’s carrying their Employer’s Liability insurance, that you are making a claim on the basis that your asbestos-related illness was caused by negligence. From 1969 onwards, it has been a legal requirement for every employer to take out Employer’s Liability insurance to cover cases of this kind, and if an ex-employer has ceased to trade in the period before the illness became apparent, we’ll do our best to track down the insurers or the specific policy.

In cases where an employer or insurer can no longer be traced, we’ll guide you through the process of claiming from the Diffuse Mesothelioma Payment Scheme (DMPS).

5. We’ll make a calculation of the amount of compensation we think you could receive if the asbestos compensation claim is successful. There are two types of damages paid in any compensation claim of this kind – general damages and special damages.

General damages are an amount calculated on the basis of the suffering and pain your asbestos-related illness has caused, and the impact it has had on your ability to live your life. We’ll use our experience of claims of this kind and your account of how you’ve been impacted, together with guideline amounts set out in a publication called the Judicial College Guidelines (JCG).

Special damages are an amount intended to deal specifically with the financial impact of your asbestos-related illness. The compensation awarded will be intended to return you to the financial position you would have been in if you hadn’t developed an asbestos-related disease.

With this in mind, special damages could include any expenses which are directly related to your illness. Those expenses could include the following:

• Any loss of earnings or pension provision, or the ability to earn in the future
• Money spent on medical treatments linked to your asbestos related illness, such as medical bills and prescription charges, including expected future costs
• The cost of any professional care required because of the impact of your asbestos related illness
• The cost of any medical aids or specialist equipment which needs to be purchased to deal with the impact of your illness, including mobility aids such as a wheelchair or mobility scooter
• Money you have to spend making adjustments to your living space or the vehicles you use

You should also note down any time spent caring for you by friends or loved ones, as this could also be factored in when calculating special damages.

6. In many cases your employer or their insurers will admit liability, accepting that their negligence caused your exposure to asbestos and offering to pay compensation. Our experience means we can tell you immediately whether the compensation offered is fair in terms of covering general and special damages.

If the compensation is fair we’ll recommend that you accept it, but if it isn’t we’ll continue negotiations on your behalf.

In a minority of cases, employers deny liability or refuse to increase their offer. If this happens the claim will go to court, and we’ll represent you in a way that puts forward the strongest possible case for the compensation you deserve.

Building that case involves the following:

• Obtaining a medical report stating that you are suffering from an asbestos-related illness
• Gathering the evidence needed to establish that the exposure to asbestos in question happened at a specific workplace or was due to proximity to a particular asbestos related industry
• Showing that the employer in question was aware of the risks and could have foreseen the risk of you developing of an asbestos-related illness
• Showing that the employer failed in their duty to follow the regulations around the use of asbestos or the presence of asbestos in a working environment – either by failing to warn you about the dangers, or failing to provide the right training or safety equipment

No win, no fee asbestos claims

We handle all asbestos compensation claims on a no win no fee basis. This is also known as a conditional fee arrangement, and it means that you can pursue asbestos compensation without having to make any up-front payments.

In many of the more complex cases it may take a while to determine the exact amount of compensation to be paid. If this happens then, once your employer has admitted liability, or been found liable by a court, we will apply for interim payments.

Interim payments are sums intended to cover the costs you have to deal with because of your asbestos-related illness until the full compensation is awarded. Any interim payments will be deducted from the final amount paid.

If the claim is unsuccessful then any expenses claimed by the other party will be covered by After The Event (ATE) insurance taken out at the start of the process. In some cases you’ll already be covered by ATE insurance via a policy such as your home insurance.

How to Choose an Asbestos Compensation Solicitor

The choice of asbestos compensation solicitor will be driven by several factors:

• Experience in the field of claiming compensation for asbestos-related diseases
• Expert understanding of not only the law around asbestos but also the nature of the illnesses themselves
• A proven track record of successful claims, even when having to deal with complications such as employers no longer trading or the claim being made on behalf of a deceased family member
• Access to the medical expertise needed to build a compelling case for compensation
• An empathetic and supportive approach, taking the psychological and emotional toll of an asbestos-related illness into account at all stages
• An approachable, jargon-free working method, putting you the client at the heart of the claim, answering any questions you might have, and ensuring that you know exactly what is happening at every step of the way

The good news is that the team at Wolferstans offer all of this and more when we take on your asbestos compensation claim. From the moment you get in touch we’ll work with you to get the compensation you deserve.

Wolferstans is Lexcel accredited by the Law Society, reflecting the excellence of our practice management and client care. It’s all about expertise, empathy and experience, and whether you’re claiming on your own behalf or after the sad loss of a loved one, we’ll work sensitively and effectively to deliver the fairest possible result.

Additional Considerations for Asbestos Compensation Claims

The complex and overlapping legislation dealing with asbestos-related diseases, allied to the fact that claims are usually made on the basis of working conditions dating several decades in the past, means that it’s vitally important to be aware of everything that might impact on your claim.

Working with Wolferstans means that we keep track of things on your behalf. That includes the time limit on asbestos compensation claims.

Asbestos claim time limits

As with other industrial illness claims, there is a time limit applied to asbestos compensation claims. This is a period of three years from the date upon which you were first diagnosed with an asbestos-related illness. Once the 3 years have passed it is too late to make a compensation claim.

If you are making a claim on behalf of a loved one who has died of an asbestos-related illness then the three year limit will run from either the date of their death, or the date upon which you become aware of the illness, i.e. through an autopsy.

In some cases it might not be entirely clear exactly when a diagnosis was made. A doctor may have mentioned asbestos during an examination, for example, without putting a definitive point of view down in writing.

If you’re unsure exactly when your 3 year limit will run from please contact us for advice. Your medical records should make it clear exactly when a formal diagnosis was made.

Claiming after an asbestos-related fatality

You can make a claim for compensation if a loved one dies as a result of their asbestos-related illness. Even if they were already pursuing a compensation claim, the 3 year limit will reset at the time of their death.

The court may sometimes agree to extend the limit in exceptional circumstances. This is decided on a case by case basis, and you should seek our expert legal advice before making any application for an extension.

If your loved one had written a valid will and was already pursuing a claim, then the claim could be taken over by the executor named in the will. If no will had been written, the next of kin can apply to make or continue such a claim.

If your loved one hadn’t started a claim, then an asbestos claim could be initiated by the following:

• The spouse of the deceased
• The civil partner of the deceased
• A child or other dependant of the deceased
• An executor named in the will of the deceased

If you feel that the death of your loved one from an asbestos-related illness was caused by the negligence of an employer at some point in their life, then you can claim compensation for the following:

• The pain and suffering which your loved one had to go through
• Any financial losses suffered as a direct result of the asbestos-related illness
• The loss of financial support in the future which your loved one would have provided for their dependants

Fatal Accidents Act 1976

The Fatal Accidents Act 1976 is legislation which includes provision for a bereavement damages award. This offers compensation to family members who lose a loved one through a fatal accident of the kind of negligence involved in asbestos claims.

You may be eligible for a bereavement damages award if you are the spouse or civil partner of the deceased, or the parent of any deceased under the age of 18. The payments were set at a level of £15,120 in 2020.

Even if you are entitled to a payment of this kind, you are still able to pursue an asbestos compensation claim, and a successful claim is likely to trigger a much more generous compensation award.

The complex nature of asbestos related diseases and of tracking employers from the past means that claims of this kind may take longer than other workplace accident claims. As stated, we will apply for interim payments to ease the financial burden on you where possible.

In addition to this we will use our expertise and experience to track down the evidence needed as quickly as possible.

If the case goes to court – something which is relatively rare – and you are terminally ill, severely disabled or likely to become severely disabled as a result of your asbestos related illness we will use the existing fast track procedure for asbestos claims to speed the process up.

Payments for Mesothelioma and Other Asbestos Claims

The question of payments for mesothelioma and other asbestos claims is one which we can deal with in depth once we have all the details of your compensation claims. Any compensation award will be made up of general damages and special damages.

The amount of these damages will be governed by the severity, type and impact of your asbestos-related illness and the degree to which it has altered and limited your life. The general damages will reflect the pain and suffering caused by the illness itself, and the loss of amenity involved.

‘Loss of amenity’ refers to your inability to pursue things like leisure activities and hobbies as you did before the asbestos-related illness. A guide to the kind of figures awarded can be found in the Judicial College Guidelines (JCG). In the latest edition it sets out the following amounts:

Asbestosis and Pleural Thickening

Up to 10% lung function impairment – £18,500 to £44,000
More than 10% lung function impairment – £44,000 to £130,000

Asbestos-Related Lung Cancer

Lung cancer is often fatal, and the amount of compensation recommended depends upon the pain caused by the symptoms and how long you have had them.
The recommended range is £86,000 to £119,000

Mesothelioma

Mesothelioma is a terminal condition that will, in most cases, shorten a person’s life expectancy. The amount of compensation recommended will depend upon the length and severity of the symptoms.
The recommended range is £78,000 to £140,000

These figures only refer to general damages, and when calculating the amount we think you are likely to receive we will take into account our previous experience of dealing with similar cases.

In addition to general damages a successful claim will result in you being paid special damages. These are intended to make sure that your asbestos-related disease doesn’t leave you financially worse off than you would otherwise have been.

The amount is calculated on the basis of expenses or lost earnings which can be linked directly to your asbestos-related disease. These expenses might include the following:

• Any earning lost now and in the future because you can’t work or have to work less or in a job which pays less
• Any pension provision lost
• Anything you have to spend on medical treatments for your asbestos-related illness
• Anything you have to spend on purchasing medical aids and other equipment to help you cope with the symptoms of your asbestos-related illness
• Anything you have to spend on making practical adjustments to your home and vehicles in order to make them more accessible
• Any travel expenses involved in attending medical appointments for your illness
• Anything you have to spend on physical therapy or counselling

The compensation awarded for industrial disease claims is intended to do two things. Firstly it marks recognition of the pain and suffering you have been through and the impact the industrial disease has had on your quality of life.

Secondly it is a payment intended to place you in the financial position you would have been in if the industrial disease had never happened.

The asbestos claim solicitors at Wolferstans will know exactly which expenses to include in your compensation claim, and will work to ensure that you aren’t left out of pocket because of the negligence of an employer.

The Most Common Industries Affected by Asbestos

The industries most commonly affected by asbestos and the risks of asbestos exposure are those in which workers are exposed to asbestos fibres regularly. If the right training and equipment isn’t provided, and the protocols around working with asbestos aren’t followed, then the risks increase massively.

High risk industries include the following:

Construction – construction workers are particularly at risk as their jobs often involve demolishing or refurbishing older buildings. Many such buildings contain asbestos in places like tiles, roofing and insulation.

Workers involved in handling these materials may release fibres into the air without even realising they are doing so. Personal protective equipment (PPE) and the right training are vital if this risk is to be minimised.

Shipbuilding – shipyard workers construct, repair and maintain ships, and may come across asbestos in fireproofing products, gaskets and insulation materials. Daily tasks might involve handling or working with such materials, and then breathing in any fibres which are disturbed.

The fact that many shipyards were constructed before the late 20th century increases the risk of shipyard workers developing asbestos-related diseases if a safe working environment isn’t in place.

Industry – industrial workers face a similarly high risk of encountering asbestos when working in premises such as chemical factories, manufacturing plants and refineries. This is particularly relevant if the equipment being used is ageing and likely to be insulated with asbestos. In steel mills, for example, furnaces are often lined with firebricks which contain asbestos.

Power Plants – workers in power plants face a heightened risk of exposure to asbestos because of the material often utilised. Asbestos was commonly used to insulate boilers, pipes and electrical components, and may still be present in ageing equipment.

Once disturbed, the asbestos could release dangerous fibres into the air. Routine tasks like maintenance could cause this to happen.

Fire-fighters – fire-fighters are at increased risk from asbestos exposure as they often enter burning buildings where the fibres contained in materials such as tiles, roofing and insulation have been disturbed and become airborne.

The same is true when fire-fighters are involved in tasks such as demolitions or clearing debris after building collapses.

The Impact of Asbestos Claims on Family Members

It is possible to make a claim for asbestos compensation on behalf of a loved one who has died as a result of an asbestos-related illness. If you are a spouse, civil partner or dependant of the deceased, you could carry on an existing compensation claim, or start one following your loved one’s death.

The legal principles around a claim of this kind are the same as those for a direct claim. You need to have a diagnosis of an asbestos-related illness, and evidence that working practices and employer negligence directly led to that illness.

As well as dealing with compensation claims for those directly involved with working with asbestos, we handle claims for secondary exposure. Secondary exposure refers to those cases in which it is possible to claim compensation even if you have never directly worked with asbestos.

Secondary asbestos exposure of this kind happens when a person comes into contact with asbestos fibres indirectly. This can happen because a family member who has been working with or around asbestos brings the fibres home with them on clothes or other items.

If a child or spouse hugs the family member carrying asbestos fibres, for example, or handles clothes during washing, they could inhale fibres without realising. Prolonged exposure could lead to asbestos-related diseases such as mesothelioma.

If you experience secondary exposure of this kind and develop an illness then you may be able to make a compensation claim. The fact that your loved one was carrying asbestos fibres on their clothing indicates that their workplace wasn’t entirely safe, and their employer has been negligent.