What is asbestos?

What is it used for?

What are asbestos related conditions?

Will the government compensate me?

Will my former employers compensate me?

What if my former employers have gone out of business?

What if I develop a further asbestos related condition?

Is there a time limit for making a claim?

How much am I likely to receive?

How long will a claim take?

What is asbestos?

Asbestos is a natural mineral that is mined from rock and is found in many countries.

There are two main types of asbestos fibres:-

Serpentine fibres. These include chrysotile asbestos (white asbestos) and are the softest asbestos fibres.

Amphibole fibres. These include Crocidolite (blue asbestos) and Amosite (brown asbestos pictured right). They are needle-like and stiff. ...

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What is it used for?

The word asbestos comes from the Greek work 'inextinguishable' or 'indestructible'. They used it for tablecloths, oil lamp wicks and funeral shrouds.

In modern times there have been many uses for asbestos...

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Asbestosis
This is fibrosis, or scarring of the lungs caused by long term or heavy exposure to asbestos.

This usually progresses slowly and can cause severe breathlessness....

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Pleural Thickening
Pleural thickening is damage and thickening of the wall between your lung and your rib-cage.

This is more serious than pleural plaques as it can cause pain and breathlessness because the lung has difficulty in expanding....

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Pleural Plaques
These are raised areas of thickened pleura, the lining of the chest wall.

They are the least serious asbestos related disease as generally they do not cause you any problem...

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Will the Government compensate me?

The two most common forms of benefits for sufferers of asbestos related conditions are:-

Industrial Injuries Disablement Benefit: This is a regular payment made to sufferers of certain asbestos related conditions provided certain criteria are met.

Pneumoconiosis (Workers' Compensation) Act 1979: This is a one off payment to suffers of certain asbestos related conditions whose former employers have gone out of business. In order to qualify for this award you must have been awarded Industrial Injuries Disablement Benefit...

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Will my former employers compensate me?

You are entitled to compensation from your former employers who exposed you to asbestos. This is usually worth considerably more than the benefits you are entitled to from the Government and so it is always worth bringing a claim.

It is important to note that you can bring a claim even if they have gone out of business as the compensation will come from their insurers...

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What if my former employers have gone out of business?

If your former employer has long gone out of business this does not mean that you will not be able to make a claim. They can be restored to the Register of Companies for the purpose of starting a court action. They will probably not have any money to pay your compensation, this will come from the insurers of the company at the time you worked for them. There are many checks that a solicitor can do to locate the insurers of your former employers....

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What if I develop a further asbestos related condition?

This is something you will need to consider during the course of your claim. You can either accept a once and for all payment where you would not be able to return to court if you went on to develop any other asbestos related condition, or;

You can accept much lower payment but with a right to return to court should you develop a further asbestos related condition in the future.

Which decision to follow depends on the circumstances of each case. It is a decision you will ultimately have to make, your solicitor should explain fully the advantages and disadvantages of each decision.

If you have already made a claim against your former employers you will need to contact the solicitor you originally instructed to find out how your claim was settled....

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Is there a time limit for making a claim?

You must start court proceedings with 3 years from when you were told about your asbestos related condition. If you are outside of this 3 year time limit then the courts have a discretion to still award you damages provided there is good reason for the delay.

Time is running and you must act sooner rather than later....

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How much am I likely to receive?

Compensation for pain and suffering Loss of wages and expenses Futire loss of wages or other income Loss of earning capacity Care Medical expenses Special equipment Loss of pension...

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How long will a claim take?

It is, any serious condition such as mesothelioma or lung cancer should be sompleted at the most within 12 months, a good solicitor should have your case to court within 6 months of you instructing them....

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