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Asbestos Compensation

A tragic legacy of our industrial past, asbestos is no longer used but its effects are still causing suffering to many as asbestos-related conditions can take many years to develop.

If you have been told, in the last three years, that you have an asbestos-related medical condition, then contact us now for free no-obligation advice.

There are different types of asbestos-related conditions. The most severe are mesothelioma and other asbestos-related lung cancers. Asbestosis and pleural thickening are other conditions which are not always so severe. The law in Scotland also allows compensation be claimed for the separate condition of pleural plaques.

You will need expert legal help for a claim for an asbestos-related condition. Contact us now for a free discussion.

The law governing employers’ duties in relation to asbestos exposure has evolved over a number of decades. Often, asbestos exposure will have occurred many years ago. Many employers are no longer trading and insurance companies can be difficult to trace. Our track record in successfully pursuing claims for asbestos-related conditions means we know the insurers of many of the major responsible employers in Scotland’s history, along with many of the smaller ones too.

Asbestos was widely used across a range of sectors but it is recognised that workers in certain industries are more likely to have come into contact with asbestos and those include:

  • Shipyard worker
  • Joiner
  • Lagger/insulator
  • Fitter
  • Plumber
  • Electrician
  • Pipe Fitter
  • Steel Worker
  • Engineer
  • Boiler Worker
  • Painter

Asbestos Disease compensation

The range of possible awards of compensation for asbestos-related conditions is very wide. There are several different conditions which can be caused by asbestos. Some of those, tragically, are fatal while others cause little or no symptoms. The figures below are taken from guidelines that are published periodically to indicate the likely range of awards that may be made for the pain and suffering category of compensation only. They are a guide only. The figures below do not include any other category of compensation such as wage loss. Also importantly, in any case where a person dies as a result of an asbestos-related condition, members of their immediate family can submit claims for compensation to reflect their bereavement – those bereavement figures are not included here but contact us for a further discussion should you have any questions.

  • Mesothelioma (asbestos-related cancer): £53,200 – £95,700
  • Other lung cancers caused by asbestos and which prove fatal: £53,200 – £74,000
  • Asbestosis and pleural thickening where significant symptoms of breathlessness exist and are likely to progress: £29,200 – £80,400
  • Asbestosis and pleural thickening where breathing difficulties attributable to asbestos are less severe: £11,400 – £29,000
  • Pleural plaques: £5,000 – £18,000

Note that with certain conditions, it is possible to seek a provisional award of damages. A provisional award is usually at a lower amount than the full award but it is specifically agreed that you retain the right to claim further compensation in future should your asbestos-related condition cause more severe symptoms or should you develop another asbestos-related condition. We can discuss this fully should you wish.

Who can make a claim for a relative who has died?

Sadly, some asbestos illnesses can be fatal. Depending on the nature of the condition and the time the death occurred, a person’s executor can conduct some aspects of the claim.

Separately, members of a person’s “immediate family” are entitled to make a claim for the emotional impact of having suffered a loss of a loved one. The term “immediate family” includes:-

  • Spouse
  • Grandparents
  • Parents
  • Siblings
  • Children
  • Grandchildren

Within some of these categories, there can be some additional considerations depending on the family situation and we will be happy to discuss those if you have any questions.

What compensation can be claimed?

Depending on the injuries and the timing of the death, a person’s executor may be able to claim certain categories of compensation. Please contact us for further details.

Reasonable funeral expenses may be reimbursed as part of a compensation payment.

If a member of the immediate family were supported financially by the person who passed away, a claim for that loss of financial support may be made.

Members of the immediate family can claim a category of compensation to reflect the emotional loss of their loved one. Please contact us if you have any questions.