Mesothelioma Compensation: Asbestosis

In England and Wales, mesothelioma and asbestos-related disease claims must generally be brought within three years of the date of diagnosis, or three years from the date on which you first had knowledge that your condition was caused by asbestos exposure. In fatal cases, the three-year period runs from the date of death. There is also a separate one-year deadline for claims under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. Courts have a limited discretion to extend the three-year limitation period in appropriate cases, but this should not be relied upon. Seek legal advice immediately following any diagnosis.

Yes. The latency period between asbestos exposure and mesothelioma diagnosis is typically 30 to 50 years, so the majority of claims involve exposure that occurred many decades ago. The length of time between exposure and diagnosis does not affect your right to claim, provided you bring the claim within three years of diagnosis. Employers who failed to protect workers from asbestos exposure in the 1950s, 1960s and 1970s remain legally responsible for the resulting illness today.

Yes. Where an employer has ceased trading, claims can be brought against the employer’s liability insurer, which was required by law to hold an insurance policy covering such claims. Our solicitors have extensive experience of tracing historic insurers, including in cases where the relevant employment took place 40 or 50 years ago. We hold a substantial database of historic employment and insurer records built up over more than 30 years of asbestos claims work. Where no insurer can be traced, the Diffuse Mesothelioma Payment Scheme (DMPS) may be available.

The Diffuse Mesothelioma Payment Scheme (DMPS) is a government-funded compensation scheme established under the Mesothelioma Act 2014. It provides compensation to mesothelioma patients who cannot identify a negligent employer or trace the relevant employers’ liability insurer. The scheme pays a percentage of average civil damages by reference to the claimant’s age at the time of diagnosis. Applications to the DMPS are managed by our team alongside any civil compensation claim.

Yes. Where a patient has died from mesothelioma or another asbestos-related condition, the claim can continue on behalf of the estate and dependants. Claims in this situation are brought under the Law Reform (Miscellaneous Provisions) Act 1934 (for the deceased’s pre-death pain and suffering and financial losses) and the Fatal Accidents Act 1976 (for the financial dependency and bereavement of surviving spouses, civil partners and children). The three-year time limit in fatal cases runs from the date of death.

Mesothelioma compensation claims are handled with urgency given the serious and rapidly progressing nature of the condition. In many cases, once liability is admitted or appears clear, an early interim payment can be obtained within a matter of weeks. Full settlement of the claim often follows within several months of the claim being notified, often within 6 to 12 months overall. Where liability is disputed or court proceedings are necessary, the process may take longer — but courts regularly expedite mesothelioma hearings where a claimant’s life expectancy is limited.

An interim payment is an advance payment of a part of the anticipated final compensation, made before the claim is fully settled. In mesothelioma cases, interim payments are particularly important because they can provide immediate financial support to patients and families, and can fund private treatment including immunotherapy and other potentially life-extending therapies. Applications for interim payments can be made as soon as liability is admitted or becomes clear. In many cases we are able to secure a substantial interim payment within the first few months of a claim.

Yes. Asbestos-related lung cancer is a separate compensable condition. A claim can succeed even where the patient also smoked, provided that asbestos exposure was a material cause of the lung cancer. The interaction between asbestos and tobacco smoke is multiplicative, meaning that the combined risk is significantly greater than either factor alone. We have experience of handling apportionment arguments in cases where both asbestos and smoking are relevant factors.

Yes. Spouses, partners and family members who were exposed to asbestos through contact with a worker’s contaminated clothing, hair or skin — for example through washing contaminated work clothes at home — may have valid claims for compensation against the employer responsible for the worker’s exposure. Secondary exposure claims are well established in English law and our team has experience of pursuing them successfully.

In the majority of cases, mesothelioma compensation claims are resolved by settlement without the need for a trial. Defendants and their insurers are generally experienced in these claims and, where liability is clear, often prefer to settle promptly. Court proceedings are issued where necessary to protect the claimant’s position or to force the defendant to engage, but even where proceedings are issued the great majority of cases settle before trial. Our solicitors have extensive courtroom experience and are fully prepared to litigate where necessary.

Yes. Where your asbestos exposure occurred in the course of employment with a UK employer, your claim can be brought in the English courts regardless of where you now live. We regularly act for clients living in Ireland, Canada, Australia, New Zealand, South Africa, the USA, the Netherlands, Germany, Poland, Zimbabwe and elsewhere. We conduct consultations by telephone or video call and can coordinate all evidence gathering remotely. Distance is no barrier to making a UK mesothelioma compensation claim.

In addition to civil compensation, mesothelioma patients may be entitled to: Industrial Injuries Disablement Benefit (IIDB) — a weekly benefit payable by the Department for Work and Pensions; a lump sum payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (must be applied for within 12 months of diagnosis); and compensation under the Diffuse Mesothelioma Payment Scheme. Personal Independence Payment (PIP) and other DWP benefits may also be available. Our helpful Benefits and Allowances guide provides a full overview. Our team advises on and assists with all these applications alongside the civil claim.

A provisional damages claim is available where, at the time of settlement, there is a chance that the claimant will in the future develop a more serious asbestos-related condition — for example, where a claimant has asbestosis or diffuse pleural thickening and faces a risk of developing mesothelioma in the future. A provisional damages settlement preserves the claimant’s right to return to court and claim further compensation if the more serious condition materialises. We advise on whether a provisional or final damages basis is appropriate in each individual case.

The Fairchild exception, established by the House of Lords in Fairchild v Glenhaven Funeral Services [2002] UKHL 22, is a special rule of causation that applies in mesothelioma cases where a claimant was exposed to asbestos by more than one employer. Under normal causation principles, a claimant must show that a particular exposure caused the disease. In mesothelioma cases this is often impossible. The Fairchild exception allows a claimant to recover compensation from any defendant whose breach of duty materially increased the risk of mesothelioma — a significant protection for claimants in complex multi-employer cases.

Mesothelioma UK is the national charity dedicated to improving the lives of those affected by mesothelioma. It provides free specialist clinical nurse practitioner support to patients at NHS trusts throughout the UK, as well as information, advocacy and support for families. Mesothelioma UK operates a legal panel of solicitors who have demonstrated the specialist expertise, experience and commitment to client care required to advise mesothelioma patients and their families. Panel membership is an important indicator of genuine specialism in this field. Humphreys & Co. are panel solicitors for Mesothelioma UK.

Contact our specialist team by telephone on +44 (0)117 929 2662 or +44 (0)207 183 8840, by email at lawyers@humphreys.co.uk, or by completing our online claims assessment form. We will arrange an immediate no-charge telephone discussion and, where appropriate, a home visit. We will advise you clearly on the merits and prospects of your claim with no obligation and no cost to you.