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The term asbestosis is often misused to describe almost any asbestos related condition. This creates problems and confusion, as asbestosis is a very specific condition that refers to fibrosis of the lungs caused from breathing in asbestos fibres.
It is usually individuals who have had significant exposure to asbestos, over several years, who go on to develop asbestosis. The effects normally appear 20 years or more after exposure. It can cause breathlessness and may become more severe over time.
In order to prove a claim for asbestosis the history of asbestos exposure needs to be moderate to heavy for many years. An asbestosis claim can be proven where there is an occupational history of 1 year of heavy exposure to asbestos or 5-10 years of moderate exposure to asbestos. As a general rule the greater the level of exposure, the greater the extent of the asbestosis.
When someone is diagnosed with asbestosis then legal advice should be sought to consider if a claim for compensation can be made.
When there is a death as a result of asbestosis then it is important that the local coroner is notified of the death and that a post mortem takes place. The lung tissue samples can be analysed for asbestos bodies which can, together with exposure history, prove an asbestosis claim.
We provide an initial consultation free of charge. At that meeting we can discuss and agree together how to fund an asbestosis compensation claim. In the majority of cases, we can offer Conditional Fee Agreements (CFA’s or “no win, no fee”).
We are happy to discuss the possibility of bringing a claim, without any obligations to take matters further. This is also the case for families of those who have suffered in life with asbestosis.
We have many years of experience in making asbestosis claims. Read our case studies to find out how we have helped others.
Industrial Injuries Disablement Benefit
If you have asbestosis and believe the disease was caused by your employment then you are entitled to apply for Industrial Injuries Disablement Benefit, a weekly payment from the government.
Pneumoconiosis etc (Workers Compensation) Act 1979
A lump sum payment under the Pneumoconiosis etc (Workers Compensation) Act 1979 can also be made where the asbestosis was caused by employment, provided that no compensation from a civil claim in respect of the disease has already been received. The award is generally made where the employer has ceased trading and no insurer can be traced.
We can assist you in the process of applying for benefits. Please contact us at IDClaims@boyesturner.com or call 0800 884 0718 for assistance.
If you have been diagnosed as suffering from asbestosis we can help. Contact us on 0800 884 0718 or email IDClaims@boyesturner.com and one of our team will be happy to discuss your claim. For further information please download our Asbestosis Claims Factsheet.
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14th Edition Judicial College Guidelines published
Get in touch0800 884 0718