Achieving an asbestos settlement for asbestos-related diseases
If you have an asbestos-related illness, you could be entitled to an asbestos settlement. Provided that there is medical evidence, such as a diagnosis given by a GP, linking your illness to your exposure to the poisonous microscopic fibres released by asbestos, you are well on your way to making a claim against your employer (even if you have since retired, or changed employment), or their insurer.
Am I entitled to an asbestos settlement?
The Supreme Court has recently ruled that employers, or insurers, must pay compensation to ex-employees (or current employees) where employees have developed symptoms due to exposure to asbestos. The ruling also ordered that compensation must also be paid to those who were exposed to poisonous asbestos fibres outside of work, such as from clothing brought into the home by a family member who worked with asbestos.
There are eligibility criteria, as with any personal injury claim and it will be necessary to evaluate whether your employer was negligent in their duty of care toward you – and that your asbestos-related illness was likely caused as a consequence of that negligence. Flouting health and safety regulations or failing to carry out appropriate risk assessments are two examples of negligent actions. Employers are also required, by law, to carry appropriate insurance to cover compensation claims should an employee, customer, or visitor be injured by the actions, or lack thereof, of the employer.
My employer went out of business years ago. Will I still get an asbestos settlement?
Exposure to asbestos is a workplace injury, however, it is unusual in that asbestos-related illnesses can take between 20 – 50 years to manifest. Naturally, during this lengthy period of time, many businesses will have ceased trading or been bought out by competitors or merged into larger organisations. It does not matter that your former employer no longer exists because they would have been insured during the time you were exposed to asbestos. Of course, in these circumstances, it can be a complex task to bring your claim for an asbestos settlement and it is recommended that you let an experienced asbestos solicitor from Accident Advice Helpline handle your claim.
An Accident Advice Helpline solicitor will help you to achieve the compensation you’re entitled to.
Take the first step and let us find you a specialist solicitor today. Simply complete the 30-second form on our website, or call us on our free phone number which is 0800 689 0500 or 0333 500 0993 if you’re calling from a mobile.
Date Published: 28th July 2013
Author: Jan Newell