Asbestos related compensation claims

29 May 2024

Exposure to asbestos can lead to a number of health conditions including scarring of the lining of the lungs (known as pleural thickening), asbestosis, mesothelioma and lung cancer.

The Health and Safety Executive (HSE) has estimated that currently in the UK over 5000 asbestos-related deaths occur each year. Mesothelioma accounts for a large majority of these deaths, with an estimated total of more than 2400 in 2021.

What is Asbestos?

Asbestos is a naturally occurring fibrous material that was regularly used as a building material from the 1930s onwards until the late 1990s, thanks to its insulating and fire-retardant properties. Its uses included:

  1. Asbestos insulation board in ceilings and within door panels
  2. Asbestos panels around windows and door
  3. Asbestos cement roof sheeting on industrial buildings, garages and other outside structures
  4. Asbestos within floor tiles and linoleum
  5. Asbestos spray as fire protection on structural supports within public buildings including schools and libraries
  6. Asbestos as a component of Artex and textured coatings

Who Is At Risk From Asbestos Exposure?

Many kinds of workers have been exposed to asbestos – and many still are – including:

1)         Shipyard workers and dockers.  These workers were often working close to or carrying raw asbestos delivered to the docks.

2)         Carpenters.  Carpenters were often involved in sawing, drilling, and fitting asbestos sheeting and soffits on buildings. More recently, they can be exposed to asbestos when carrying out remedial or renovation work to older buildings.

3)         Plumbers and electricians   Plumbers come across asbestos when stripping out and replacing old piping, and electricians when replacing old wiring.

4)         Teachers and public servants.  There has been an increase in people exposed to asbestos through working in schools and in public buildings where asbestos insulation has degraded over time or has been damaged through general use over many years.

Case Studies and Examples of Asbestos Related Claims

Mesothelioma and shipyards

The claimant worked on board civil vessels at a dockyard. His job was to carry out routine maintenance on the vessels.  He would work alongside labourers on board the vessels who were stripping out asbestos.  He worked below deck and was exposed to asbestos in confined areas.

As a result of his exposure, he was diagnosed with mesothelioma and was able to successfully pursue a claim for damages during his lifetime.

Mesothelioma and building work

The claimant worked on fitting soffits in new buildings.  This involved him cutting asbestos boarding to the correct size and fitting the soffits to new houses.  He was also responsible for lining hot water cupboards and the insides of garages within these buildings.  His exposure occurred over a six-month period at various sites throughout South England.  As a result of that exposure, he was diagnosed with mesothelioma. His claim was started during his lifetime and following his death his family successfully continued to pursue the claim on behalf of his estate..

Secondary exposure and mesothelioma

The claimant was exposed to asbestos from washing her husband’s overalls in a twin tub washing at home.  She would shake out each pair of overalls as well as empty the pockets of any contents, then she would sweep up the resulting asbestos dust. Her husband worked at several power stations including Fulham, West Ham and Battersea carrying out boiler pipe work. His job involved dismantling and removing old pipework and replacing it with new pipework. The old pipework was covered in asbestos lagging. He would take home asbestos dust and fibres on his overalls, resulting in his wife’s exposure to asbestos. She was diagnosed with mesothelioma, and she recovered damages because of that exposure.

School exposure

The claimant was exposed to asbestos at school. He used the pipework in the boiler room to dry out his games kit after games as did other children.  The pipe was lagged with asbestos so airborne asbestos dust and fibres were present within the boiler room. He was diagnosed with mesothelioma and the claim was pursued during his lifetime.  Following his death the claim was pursued on his behalf by his wife against his former college and school. Following judgment, substantial damages were awarded to his widow.

Pleural thickening

The claimant worked at a well-known factory manufacturing brake pads in the 1970s.  It was part of his job to chamfer down the edges of the brake pads so they fitted correctly before being sent out to the customers and garages. The brake pads contained asbestos, so he was exposed to asbestos daily while using a machine to file down and smooth the edges of the brake pads.

The claimant was diagnosed with pleural thickening and was able to recover damages for his breathlessness and for the risk of him developing further asbestos-related conditions including mesothelioma during his lifetime.

Benefits and Support

We offer support in applying for any lump sum payments that you may be entitled to from the Government’s Diffuse Mesothelioma Payment Scheme and state benefits such as Industrial Injuries Disablement Benefit, carer’s allowance and mobility benefit.

How Much Compensation Can You Claim For An Asbestos-Related Disease?

We can only calculate how much compensation you’re entitled to once we understand the full history and impact of your illness. The effects of asbestos exposure can develop slowly over time, so we’ll make sure your compensation takes this into account. It will also consider any impact your illness has had on your quality of life and life expectancy.

If your spouse, long-term partner, or parent died from an asbestos related illness, you may be able to claim as a ‘dependent’ and on behalf of their estate

Why Choose Redkite Solicitors?

We fight hard to represent people affected by asbestos-related diseases arising from the negligence of their employers and other parties.  Our lawyers are accredited asbestos specialists, and we have a history of representing claimants in this area, recovering substantial damages on their behalf.

The claims are dealt with on a “no win, no fee” basis, which means you do not have to pay any fees upfront and if your claim fails you will have nothing to pay at all.

We have offices across England and Wales allowing us to support you wherever you live.

Contact Us

Call us today on 0333 014 4455 or email at enquiries@redkitelaw.co.uk.

Or you can contact our specialist asbestos lawyer Phillip Gower at Phillip.Gower@redkitelaw.co.uk or call 07815 466908

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.