Asbestos Exposure Compensation: Legal Options in the UK
Important Legal Disclaimer
This guide provides general information about asbestos compensation claims in the UK and should not be considered legal advice. Each case is unique, and we recommend consulting with a specialist solicitor experienced in asbestos-related claims for advice specific to your situation.
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Mesothelioma
A cancer affecting the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma) caused almost exclusively by asbestos exposure.
Latency period: Typically 20-50 years after exposure
Asbestos-Related Lung Cancer
Lung cancer caused by asbestos exposure, which can be difficult to distinguish from lung cancer caused by other factors such as smoking.
Latency period: Typically 15-35 years after exposure
Asbestosis
A chronic lung condition causing scarring of lung tissue, progressive breathlessness, and reduced lung function.
Latency period: Typically 15-30 years after exposure
Pleural Thickening
Thickening of the pleura (the membrane covering the lungs) causing chest pain and breathing difficulties.
Latency period: Typically 15-20 years after exposure
Pleural Plaques
Areas of fibrous thickening on the pleura. While usually asymptomatic, they indicate previous asbestos exposure.
Note: Compensation generally only available in Scotland
Compensation Options Available in the UK
There are several routes to seeking compensation for asbestos-related diseases in the UK:
1. Civil Compensation Claims
Civil claims against former employers or their insurers
If your employer negligently exposed you to asbestos, you may be able to claim compensation from them or their liability insurers, even if the company no longer exists.
What you need to prove:
- You were exposed to asbestos during employment
- Your employer knew or should have known about the risks
- Your employer failed to take reasonable precautions
- Your illness was caused by this asbestos exposure
Potential compensation:
£10,000 to £200,000+ depending on the condition, severity, age, and impact on quality of life, plus special damages for financial losses.
2. Government Compensation Schemes
Government schemes for when a claim against an employer isn't possible
Diffuse Mesothelioma Payment Scheme (DMPS)
For people diagnosed with mesothelioma who cannot trace their employer or their employer's insurer.
Potential payment: Average of £140,000 depending on age at diagnosis.
Industrial Injuries Disablement Benefit (IIDB)
For people who were employed when they were exposed to asbestos and developed a prescribed disease.
Weekly payment: Between £36.58 and £188.60 depending on level of disability.
War Pensions Scheme
For military personnel exposed to asbestos during service before 6 April 2005.
Pneumoconiosis etc. (Workers' Compensation) Act 1979
One-off payments for people who have specific dust-related diseases including mesothelioma, asbestosis, and diffuse pleural thickening.
3. Benefits and Allowances
Additional benefits and support
- Personal Independence Payment (PIP): For help with daily living and mobility needs
- Attendance Allowance: For people over State Pension age who need help with personal care
- Employment and Support Allowance (ESA): If unable to work due to illness
- NHS care: Free prescriptions, wigs, and other healthcare support
- Blue Badge: For parking concessions
Time Limitations for Making a Claim
Strict Time Limits Apply
In most cases, legal action must be started within 3 years of the date you were diagnosed with an asbestos-related disease, or the date you became aware your condition was related to asbestos exposure (date of knowledge).
For claims made on behalf of someone who has died, the 3-year time limit usually runs from the date of death or from when the family became aware the death was asbestos-related.
The court has discretion to extend these time limits in exceptional circumstances, but this is rare. If you have been diagnosed with an asbestos-related disease, it's essential to seek legal advice as soon as possible to avoid being time-barred.
Expedited Claims for Mesothelioma
Due to the poor prognosis for mesothelioma, these cases can be fast-tracked through the court system. The "Mesothelioma Fast Track" procedure aims to progress claims quickly, often within a few months rather than years.
The Asbestos Compensation Claims Process
Initial Consultation
- Free initial consultation with solicitor
- Evaluation of claim viability
- Explanation of funding options
- Collection of initial information about employment history
Building the Case
- Gathering employment records
- Obtaining medical evidence
- Tracing employers and insurers
- Taking witness statements
- Investigating asbestos exposure
Notification
- Letter of claim to defendants
- Defendants have 3 months to investigate and respond
- Early interim payments may be sought for urgent financial needs
Assessment of Damages
- Calculating general damages for pain and suffering
- Adding special damages for financial losses
- Medical expert reports on prognosis
- Care expert assessment if needed
Settlement or Court
- Negotiation with defendants
- Potential out-of-court settlement
- Court proceedings if necessary
- Most cases settle without a trial
Compensation Award
- Lump sum payment in most cases
- Provisional damages possible for conditions that may worsen
- Payment typically received within 28 days of settlement
Living Claims vs. Posthumous Claims
Claims can be made while living with an asbestos-related disease or by family members after death:
- Living claims: Typically higher compensation and can provide financial security while living with the disease
- Posthumous claims: Made by the deceased's estate, usually by a spouse, child, or other dependent
If a claim is started during life but the claimant passes away before conclusion, the claim can continue through their estate.
Finding a Specialist Solicitor
Asbestos claims are complex and require specialist knowledge. When choosing a solicitor, look for:
- Experience specifically in asbestos-related disease claims
- Membership of specialist panels (such as the Association of Personal Injury Lawyers' Occupational Disease Specialist panel)
- A track record of successful asbestos claims
- No win, no fee arrangements to reduce financial risk
- Willingness to visit you at home if needed
- Clear communication and regular updates
Support Groups
Organizations such as Mesothelioma UK and Asbestos Victims Support Groups Forum UK can provide advice and put you in touch with reputable solicitors experienced in asbestos claims.
Conclusion: Taking the First Step
If you or a family member has been diagnosed with an asbestos-related disease, seeking compensation is not just about financial redress—it's about holding accountable those who failed to protect workers from a known danger.
The compensation process can seem daunting, especially when dealing with a serious illness, but specialist solicitors can guide you through every step, often on a no win, no fee basis.
Key points to remember:
- Act quickly as strict time limits apply
- Multiple compensation routes may be available simultaneously
- Specialist legal advice is essential
- Support groups can provide valuable guidance and emotional support
- Even if your employer no longer exists or you were exposed decades ago, a claim may still be possible
Remember that each case is unique, and this guide provides general information only. Speaking with a specialist asbestos claims solicitor will give you the best understanding of your specific options.
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Helpful Resources
- Mesothelioma UK Support Line: 0800 169 2409
- Asbestos Victims Support Groups Forum UK
- Citizens Advice Bureau
- Diffuse Mesothelioma Payment Scheme
- Association of Personal Injury Lawyers