Claims for mesothelioma, lung cancer and asbestosis as a result of exposure to asbestos in the workplace can be brought up to three years after diagnosis.
Sadly in the case of mesothelioma, a cancer of the lining of the lungs, by the time it is diagnosed, the condition is usually terminal. Claims should be lodged as soon as possible and can be continued by the family of the sufferer should they pass away before a conclusion is reached.
It is often thought that if a previous employer is no longer trading, it will not be possible to bring a claim. This is not so, however, and specialist personal injury solicitors who deal specifically with industrial disease claims will go to great lengths to either trace the company’s insurer, or even reinstate the company so that a claim can be lodged against it. In some cases, it may be that the illness cannot be attributed to just one former employer and it may be necessary to bring multiple claims. This is all possible, providing the legal specialist engaged is one with a suitable degree of expertise.
Pleural plaques compensation scheme
Pleural plaques, a scarring of the lung tissue caused by exposure to asbestos fibres, was open to compensation claims up to October 2007 until the House of Lords made a ruling that cases could no longer be brought.
However, the Ministry of Justice announced in August that potentially up to six thousand people who had already started claims before the right was abolished could be in line to receive a one off compensation payment of £5000. The scheme is set to last until August 2011.
Compensation payouts vary from case to case and claims need to be brought within three years of diagnosis.
The family of a former power station worker in London received over £120,000 in compensation in 2010, a figure that highlights the seriousness of the individual case. He had passed away in 2009, and his family continued with the case.
If you or a family member has been diagnosed with an asbestos related illness, then Stephensons personal injury solicitors can help. Our service is sympathetic and sensitive whilst at the same time resolute and demonstrative of the highest levels of expertise in this very specialist area of personal injury law. Call us on 0844 245 6601 for free initial advice.
By personal injury Partner, Kate Sweeney