Asbestos Compensation Claims

Exposure to asbestos can lead to a variety of adverse health conditions including mesothelioma, lung cancer, asbestosis and pleural thickening. These illnesses can often arise many years after contact with asbestos.

The people most at risk are those that have handled asbestos in their jobs but there have also been cases where an asbestos-related illness occurs in a family member of the person who worked with or came into contact with asbestos. In these cases, asbestos fibres were inhaled from contaminated clothing.

If you were exposed to asbestos dust and later develop an illness caused by exposure to asbestos, you may be entitled to compensation.

Our expertise with asbestos compensation claims

Our specialist asbestos solicitors can help with all types of asbestos compensation claims and related matters, including:

• Mesothelioma claims
• Asbestos-related lung cancer claims
• Asbestosis claims
• Diffuse pleural thickening or fibrosis claims
• Inquest representation for families of people who have died following asbestos exposure
• Claiming compensation for fatal asbestos exposure

Free initial consultation to find out if you are entitled to asbestos compensation

We offer a free initial consultation to discuss your situation and answer your questions, including whether you are entitled to compensation and how the claims process works.

No win no fee asbestos claims

Most of our clients work with us on a “No Win, No Fee” basis, allowing you to avoid any upfront cost or financial risk when starting a claim.

How we can help with claiming asbestos compensation

Establishing whether you are owed compensation for an asbestos-related disease

Before you can think about pursuing a claim, you must be able to prove that you are owed compensation. Our asbestos solicitors can help you with this.

Drawing on our years of experience, we know exactly what is needed for a strong claim, so can make sure all the correct evidence is collected to support your claim and that no detail is overlooked.

Making sure you get the maximum compensation available

When dealing with the impact of an asbestos-related illness, it is important to get the maximum possible financial assistance to help with the consequences for you and your loved ones.

Our team can ensure all of your needs are fully considered and that all the ways your disease has affected your life and the lives of your family are taken into account.

We can assist with claiming compensation for matters including:

• The financial impact of an asbestos-related disease – e.g. lost income, paying for medical fees, nursing fees, etc.
• The personal impact – e.g. pain and suffering, no longer being able to carry out activities you were previously able to (known as ‘loss of amenity’)

The compensation available can cover both the impact to date and the expected future impact of an asbestos-related disease.

Claiming asbestos compensation where an employer has ceased trading

Don’t be put off from claiming for your injuries if your employer has since ceased trading. Wolferstans’ asbestos solicitors in Plymouth can trace the insurer accountable for your employer at the time of the exposure. This remains a complicated area of law and it is important that a suitable legal specialist is appointed to help guide you through this difficult time.

Securing early payments to cover medical costs, hospice fees and more

At Wolferstans, we work with specialist medical and nursing experts together with hospices to provide our clients with the best possible service. We will seek early payments in order to fund any care, equipment or home adaptations that may be required. We can also advise and assist you in making an application for benefits which are available from the government for asbestos related conditions.

Claiming compensation for fatal asbestos exposure

The specialist asbestos team at Wolferstans has years of experience assisting asbestos sufferers and helping their families when the disease has sadly been fatal.

If you have recently lost a close relative due to an asbestos illness, you may be feeling confused about what your options are. We understand this is a very emotional time. We hope this guide can assist you and, if you require any further advice, please feel free to contact us.

The Funeral

You may have already begun to make arrangements for the funeral to take place after the body is released by the Coroner. You should keep receipts for the expenses of the funeral, as they can form part of the compensation claim.

Coronor's Inquest

The inquest is a procedure in which the cause of the death is considered. If someone has died of an illness that might be related to asbestos this could be an ‘unnatural death’ so an investigation or ‘inquest‘ will be needed.

The death is usually reported to the Coroner by the medical staff who were treating the person who has died, although any other person can report the death if they are concerned.

All “unnatural” deaths should be reported to the Coroner, and it is important this request is made either to the hospital, GP, hospice or police.

Part of the inquest procedure may be to examine the body. This must take place before the funeral can go ahead. This is called a post mortem examination, and it is performed by a Pathologist. Often small samples from the lungs are taken so that asbestos fibres may be examined.

The Coroner may ask you what you would like to happen to the tissue samples. It is vitally important that the samples are not destroyed so the samples should be retained as they may be needed for further analysis.

Claim on behalf of the estate or family of the deceased

This is a claim against the employer that exposed the deceased person to asbestos. It does not matter how long ago the employment was or if the company has gone out of business. The employer’s liability insurance company will be responsible for paying the compensation.

In order to make a legal claim you need to prove the exposure to asbestos, which can be done in a variety of ways. While eyewitness accounts of the exposure to asbestos are the best way, we are also able to establish likely exposure levels from descriptions of your previous employment. For this it is necessary for us to speak to anyone who worked with the person that has died or knew of their exposure.

You should collect a list of names and contact details. You should also keep any documents that relate to the deceased’s persons employment including CVs, References, Wage Slips, Apprenticeship Deeds, Diaries, and Photographs.

Grant of Probate or Letters of Administration

The Executor or Administrator of the Estate is responsible for making the claim and the compensation awarded should be distributed according to the Will.

You should already have been given an Interim Death Certificate. This will allow you to begin to administer the estate. If a Will was made the person(s) named as Executor(s) can apply for Probate. If no Will was made the next of kin can apply for Letters of Administration.

We can help you with this process and normally recover the cost within the claim.

State Benefits

You may be able to claim benefits on behalf of the person who has died. For an asbestos illness these include:

Industrial Injuries Disablement Benefit (IIDB). This is a weekly payment paid directly to you. The amount increases with the level of disability suffered and it can be back dated.

Pneumoconiosis (Workers’ Compensation) Act 1979/ Mesothelioma 2008 Scheme payment. This is a one-off lump sum payment that is made to you. The amount increases with the level of disability and decreases with age. There are rules as to who can apply and we can advise in that respect.

Claiming state benefits for an asbestos-related disease

In addition to compensation there are numerous state benefits available to you if you suffer an asbestos related illness. As part of our service to asbestos disease sufferers, we can provide free direct advice and assistance with benefit applications. Decisions on benefit entitlement are then made by the Department for Work and Pensions (DWP).

Benefits which you may be entitled to include:

• Pneumoconiosis etc (Workers’ Compensation) Act 1979 (Government lump sum)
• 2008 Diffuse Mesothelioma Scheme (Government lump sum)
• Industrial Injuries Disablement Benefit (weekly allowance)
• Attendance Allowance or Disability Living Allowance (care and mobility)

For more information, please visit the Department for Work and Pensions website

Taking over an asbestos claim from another firm where you are unhappy with the outcome

Unfortunately, not all asbestos claims are dealt by solicitors who are experienced and specialised in this area of law. Our team has decades of experience dealing with asbestos cases and ensuring our clients recover the correct level of compensation.

Sometimes things do go wrong, and claims are under settled. You may have settled a pleural plaque, asbestosis or pleural thickening claim on a full and final basis, but not been advised as to the suitability of a provisional damages settlement which would allow you to return for further compensation if your disease deteriorated. Our asbestos solicitors can investigate and bring compensation claims against the previous solicitors.

Where compensation has been received and subsequently the person’s condition has deteriorated, we can re-open the case and seek further compensation, particularly if damages were previously settled on a provisional basis.

If you are unsure as to whether you may have a claim against your previous solicitors for their handling of your asbestos claim, please contact us and we will be happy to discuss this with you.

Types of asbestos claims we can assist with

Mesothelioma claims

Mesothelioma normally affects the outer lining of the lung. Symptoms usually start with breathlessness. This can often be caused due to the build-up of fluid between the lung and the ribs. The condition is progressive, resulting in pain, fatigue and weight loss.

Chemotherapy and radiotherapy can alleviate symptoms.

Mesothelioma is difficult to treat, but research continues into surgical techniques and drug therapy.

Read more on mesothelioma and claiming compensation on our FAQs page.

Asbestos-related lung cancer claims

Many cases of lung cancer are due to smoking, but asbestos exposure substantially increases the risk of developing lung cancer in both smokers and non-smokers. Lung cancer may be amenable to surgical treatment.

Chemotherapy and radiotherapy are often used to treat sufferers.

Asbestosis claims

Asbestosis is relatively rare. In general, it affects workers who have been substantially exposed to asbestos over a period of time. The capacity of the lungs is reduced which leads to breathlessness and coughing. The condition is progressive and the symptoms can worsen over time.

Diffuse pleural thickening or fibrosis claims

Diffuse pleural thickening or fibrosis is caused by the build-up of scar tissue leading to the thickening of the outer lining of the lungs. This means the lungs are restricted when breathing in. Any physical exertion will become increasingly difficult. Fortunately, the condition is relatively rare.

Pleural plaque claims

Pleural plaques are an indicator of previous exposure to asbestos. They confirm previous asbestos exposure which could lead to the patient developing one of the asbestos illnesses detailed above. Very often pleural plaques are discovered by x-rays or scans showing small scars on the outer lining of the lung. Pleural plaques do not require any treatment as they do not usually cause any symptoms.

Unfortunately, under current rules, it is not possible to claim compensation for pleural plaques in England or Wales. However, they are an indicator that another asbestos-related condition could potentially develop in the future, so should be closely monitored.

Funding your asbestos compensation claim

The majority of asbestos claims we handle are funded on a no win, no fee basis, also known as a ‘conditional fee agreement’. There is no upfront cost or financial risk with a no win no fee asbestos claim as our fees will only be applied if and when we secure compensation for you.

Alternative funding options may be available depending on the circumstances, including trade union funding if you are a union member.

Our asbestos solicitors will be happy to discuss the options for funding your claim with you during your initial consultation.

Why choose Wolferstans for your asbestos compensation claim?

Excellent track record of success for our clients

We are well known for our success in actions against a wide range of employers, including the Ministry of Defence, British Rail, power stations, ship repair yards, as well acting for those employed as plumbers, carpenters, electricians and in the construction industry.

A personal approach with first-class client service

All claims are handled personally by our specialist asbestos solicitors working within our dedicated Asbestos Unit. You can expect a first-class service delivered by sympathetic, experienced advisors, a dedicated legal support team and leading industrial disease lawyers who are amongst the best in their field and who will deal with your case with sensitivity and compassion.

We visit our clients and their families in the hospital or their home at a time suitable for them. We can also advise you over the phone, via email or using videoconferencing (Zoom, Microsoft teams etc.) where appropriate.

We make sure all of your financial and personal care needs are met

We work with specialist medical and nursing experts to bring our clients the best possible service. We will seek early payments to fund any care, equipment or home adaptations you may require.

Free initial advice and flexible funding to keep your costs to a minimum

Initial advice from us is free. We offer our clients a “No Win, No Fee” agreement which means that if the case is lost we will not charge you. If successful, you or your family will be entitled to damages and we recover legal costs from your opponent.