What to Do If Your Workplace Caused Your Asbestos-Related Disease
Globally, asbestos exposure at work causes over 200,000 deaths annually, with the UK experiencing around 5,000 asbestos-related deaths each year, making it the biggest cause of work-related deaths in the country according to World Health Organization (WHO).
Whether your exposure has been at a workplace, in the home, or in a building where the air is contaminated with asbestos fibres, the reality is that anyone exposed is at risk of developing an asbestos-related disease.
What types of asbestos diseases are there?
Two types of asbestos disease are malignant (cancerous):
- Mesothelioma — A form of cancer that is caused by asbestos exposure.
- Asbestos-Related Lung Cancer – Although most cases of lung cancer originate from smoking, asbestos exposure can also be a cause.
Usually, considerable asbestos exposure is required to cause mesothelioma and asbestos lung cancer. There are also other asbestos-related illnesses, including:
- Asbestosis — An illness also known as fibrosis of the lungs, resulting from significant exposure to asbestos fibres, with effects usually appearing 20 or more years after exposure.
- Pleural Thickening – an asbestos-related disease caused by thickening to the pleura. Pleural thickening has other causes, but where there is evidence of asbestos exposure, it is reasonable to believe asbestos was the cause of the illness.
Exposed to Asbestos in the Workplace
Those who have worked in certain industries where asbestos use is/was common are generally at more risk of developing an asbestos-related disease.
The disease, however, is indiscriminate and has been known to affect:
- Office Workers
- Teachers
- Laggers
- Dock workers.
Most people do not realise that their employer has a duty of care to provide:
- A safe working environment,
- The appropriate training, and
- Efficient safety equipment.
If you believe you or a loved one were exposed to asbestos while at work and were not provided adequate safety equipment and/or training, you may be entitled to bring a compensation claim against your employer (even if you no longer work for them). Bridge McFarland LLP can also advise you if the business your employer worked for no longer exists.
How to Start an Industrial Disease Claim
If you are considering making a claim, there are various complex factors involved, and you should seek legal advice as soon as possible.
Our Personal Injury Lawyers understand that when making a compensation claim, you will have several questions about how the process works. We offer a free, no-obligation initial consultation to discuss your case, where we can highlight your legal rights, the strength of your case to claim compensation, and the steps to making a claim.
Your personal injury lawyer will also ensure you fully understand the various funding options available, including conditional fee agreements (‘no win, no fee’) and the likely timescales involved in pursuing a claim.
How much will I have to pay?
If you have a condition that qualifies for compensation, we will not ask you to pay anything. Your legal costs will be paid by the other side if you win your claim. If you lose your claim, you pay nothing.
Sometimes, if it is not clear whether or not your condition qualifies, we may ask you to pay the costs of a preliminary medical. This will be to learn more about your condition. However, in most cases, you are not asked to pay anything. In any event, we would not incur any costs without your express prior agreement.
Is there a time limit to make a claim?
The short answer is – yes. You should seek legal advice quickly after finding out that you (or a deceased relative) have an asbestos-related disease.
Generally, if a claim is not settled, court proceedings have to be commenced within 3 years of when you had knowledge of the condition and could relate it to the fault of others. Beyond this time limit, the claim will be classed as out of time.
However, the court does have the discretion to allow late claims to proceed. Whatever your situation, you should seek legal advice to check the position.
Read our Asbestos and Mesothelioma FAQ’s here.
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Asbestos and Mesothelioma Solicitors
For more information about how Bridge McFarland LLP can help you start a personal injury claim, please call 0800 987 8800 or email enquiries@bmcf.co.uk and speak to our experienced team.
Alternatively, if you want to make a direct enquiry, please fill in this online form, and we will get back to you.
For more information, you can visit our dedicated website for Asbestos Related Illnesses: Asbestos Awareness.
