How to Make a Compensation Claim for Asbestos Exposure at Work?

Although banned in 1999, asbestos is still found in many old buildings throughout the UK. Most notably in industrial and commercial settings.

Naturally, its presence and exposure carries health risks for employees working in these buildings. In fact, around 20 tradespeople die every week in the UK because of exposure to asbestos.

How many people develop asbestos related diseases because of exposure at work?

If the reported death toll is so high, one can only imagine what the figures would be in this category.

Since in the UK employers are legally responsible for the safety of their employees, it falls under their obligation to make accommodations to ensure an asbestos-free work environment for their workers. While it’s not possible to do so, they should at the very least exercise precautionary measures (providing safety gear to employees and training them) to limit workers’ exposure to asbestos.

In cases where they fail to do that, and an employee contracts asbestos-related disease, the employee is legally entitled to make a compensation claim. Such claims are classified as personal injury claims, and as such, follow the same rules that govern the many aspects of a personal injury claim.

Making a compensation claim for asbestos exposure at work

Any compensation claim is only valid up to a period of 3 years from the date of diagnosis. However, since asbestos-related diseases are slow to develop, the UK courts may consider a case that exceeds beyond the defined time limit, but such examples are far and few.

All the required documents are to be submitted to the employer who will then forward them to their insurance carriers. In case, where the employer has ceased trading, the claimant must seek out the employer’s insurance company and submit the documents directly to them.

If the employer or the company’s insurance carrier refuses to consider the filed claim, the employee can approach the UK courts for help.

The documents required to file an asbestos compensation claim

To file a compensation claim, you’ll first need to prove that the developed illness is asbestos related and that the exposure was work related. You must also prove that it wasn’t your fault, but rather the fault of your employer who failed to exercise necessary precautions. As employers widely understand the health risks of asbestos exposure and what they need to do to mitigate such risks, this can be simple to prove.

Other than that, you’ll need to submit your employment-related documents and the medical bills incurred in your treatment.

You can do this on your own and you can also seek for the services of a UK based personal injury solicitor to help you in the process. A solicitor can make the process relatively simple for you and handle all the necessary paperwork and deal with all the involved correspondence to present your case strongly and get you the compensation that you deserve.

On a concluding note, don’t feel pressured when filing for an asbestos compensation claim. You are protected by law, and it is your legal right to make a claim.

Do you have any questions about work related injuries or in specific to asbestos exposure at work?

Feel free to reach out, we will be happy to serve you.