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Asbestos Claims

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ASBESTOS COMPENSATION CLAIMS

If you have been diagnosed with Asbestosis within the last 3 years and it is associated with Asbestos Exposure from your past or present employment then contact LPS today.

LPS has dedicated Industrial Disease solicitors that have helped thousands of people regarding asbestosis claims compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee asbestosis claims process.

What is Asbestos?

Asbestos is a chronic (long-term) lung condition caused by prolonged exposure to asbestos. Asbestos is a soft, greyish-white material that does not burn. In the past it was widely used in building construction to protect against fire and as a form of insulation.
Asbestos is a general term that refers to a group of minerals made of long, crystalline fibres. Asbestos fibres are very strong and resistant to heat, electricity and chemicals. It was widely used in industries such as:

  • insulation
  • shipbuilding and railways
  • electricity generation
  • building and construction

There are three main types of asbestos:

  • crocidolite – blue asbestos
  • amosite – brown asbestos
  • chrysotile – white asbestos

All types of asbestos are hazardous, but blue and brown asbestos are much more dangerous than white asbestos.

The most common type of asbestos for industrial use was white chrysotile asbestos. Amosite and crocidolite were banned in the 1980s, although voluntary bans on the industrial use of both of these materials came into force earlier than this. No crocidolite was imported into the UK after 1970. Chrysotile was not banned until 1999. There are still large amounts of all types of asbestos present in old buildings.

Symptoms of Asbestos

Breathing in asbestos dust can scar the lungs, which can lead to:

  • shortness of breath
  • cough

These symptoms usually begin many years after the initial exposure to asbestos. In most cases, the symptoms do not become apparent until 15 to 30 years after exposure.

Swollen fingers, known as finger clubbing, is a less common sign of asbestosis. It is usually associated with more advanced cases. Asbestosis means the lung tissue has become scarred due to previous asbestos exposure. Pleural plaques or pleural thickening caused by asbestos are not the same as asbestosis. In these conditions, the membrane that covers the lungs (pleura) is damaged by asbestos, but the lungs themselves are unharmed.

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    ASBESTOS COMPENSATION CLAIMS

    Treating Asbestos

    There is no cure for asbestosis once it has developed because it is not possible to repair lung damage caused by asbestos. Some people with asbestosis find their condition progresses over time, although many do not.

    The most important thing someone with asbestosis can do is to stop smoking (if they smoke). This is because the progression of asbestosis is more common in smokers compared with non-smokers. In cases of asbestosis, smoking also increases the risk of lung cancer.

    Treatments, including oxygen therapy, can significantly improve the quality of life of someone with asbestosis. People with asbestosis have a higher risk of developing other serious conditions, such as those described below.

    • Lung cancer – one of the most common and serious types of cancer.
    • Mesothelioma– a type of cancer that affects the membrane that covers the lungs, heart and gut.
    • Pleural disease – the membrane that covers the lungs (pleura) becomes thicker. If the thickening is localised to a few patches, the condition is known as pleural plaques, which do not cause symptoms. However, if there is more thickening, it is known as diffuse pleural thickening. This can contribute to breathlessness and chest discomfort. Most people (about 95%) with asbestosis also have pleural thickening or pleural plaques.

    Severe cases of asbestosis can place a significant strain on a person’s health and shorten their life expectancy. However, in many cases the condition progresses very slowly, or not at all. More people with asbestosis die as a result of one or more of the cancers mentioned above rather than from asbestosis itself.


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      Our Practice Areas

      Personal Injury

      Medical Negligence

      Industrial Disease

      Civil Litigation & Dispute Resolution

      Frequently Asked Questions (FAQs)

      What is an industrial disease or injury?
      Industrial diseases and injuries result from exposure to occupational hazards in the workplace over a period of time.

      These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.

      Examples of industrial diseases and injuries include the following:

      • Asbestos-related diseases such as mesothelioma or asbestosis
      • Occupational Asthma
      • Pneumoconiosis
      • Silicosis
      • Chronic obstructive pulmonary disease (COPD)
      • Dermatitis
      • Hand Arm Vibration Syndrome
      • Vibration White Finger
      • Carpal Tunnel Syndrome
      • Dupuytren's Contracture
      • Work-related Tendonitis
      • Epicondylitis (Golfer's and Tennis Elbow)
      • Carpet Fitter's or Housemaid's Knee
      Who will pay the compensation?

      It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.

      Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.

      My employer has gone out of business, can I still claim?
      Yes, this is because the claim is made against the employer's insurers rather than the employer itself.
      Will my case go to court?
      Although it is possible that your case will go to the court, only a fraction of cases ever reach this stage. Instead, it is likely that it will be in the interests of all parties concerned to settle without courtroom litigation – in fact, the courts encourage such an approach.
      How much will it cost to fund my claim?
      There are various funding options available to LPS' clients. However, it is worth bearing in mind that we offer No Win No Fee funding. This means that you make no outlays whatsoever unless you win your case – without exceptions. If your claim is successful then a portion of your compensation is set aside to cover court costs and related fees. We will always discuss this with you at the outset of your claim, so that there are no unwelcome surprises should you receive a damages award.
      What are the time limits for industrial disease claims?
      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Can I still claim state benefits?
      In many cases you can still claim state benefits even while being the recipient of industrial disease compensation. For example, those with asbestos illnesses still receive payments under the Pneumoconiosis Workers Compensation Scheme. Furthermore, a good personal injury lawyer can help you establish a personal injury trust so that you can manage your finances in the way that is most advantageous to you.
      If a family member has died as a result of an industrial disease, can we make a claim?

      It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.

      However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.

      What are the time limits for industrial disease claims?

      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Get in Touch today and let us know how we can help you 08009961807

      Where we offer No Win No Fee services typically customers pay 25% of the amount recovered to our solicitors, although this will be subject to your individual circumstances and the actual fee may be less than this but it will never be more.

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