Asbestos-Related & Asbestosis Claims
Are you looking for information on making an asbestos compensation claim? Then you’ve come to the right place. As experienced solicitors, we know all there is to know about this area of law.
Death from an asbestos-related condition is usually due to inhaling asbestos fibres. Several types of health issues can arise, such as asbestos-related lung cancer. After a diagnosis, death sadly often happens within a matter of months. In most cases, an asbestos claim after death is made on behalf of the deceased’s family members by solicitors acting on their behalf through the courts.
Our guide for victims of asbestos after death and other asbestos-related conditions explains the essential details. If you have lost a loved one following asbestos exposure at work, we will support you every step of the way.
How and when can I claim? — How is compensation decided? — Claims after death
Family member claims — Claims as a dependent — Key stats
The Johnson & Johnson scandal — History of asbestos — Make a claim
How and When Can I Claim for Asbestos Compensation?
We have decades of experience dealing with asbestos compensation claims, which can be made when someone has contracted an asbestos-related disease after exposure. Claims are often made when the person has been exposed to asbestos while working.
There are three leading causes of death in the United Kingdom following asbestos exposure, including:
- Mesothelioma
- Asbestos-related lung cancer
- Asbestosis
If the person is still alive, they can make a claim themselves. They must present evidence showing how and when they were exposed to the dangerous minerals.
If the person is no longer alive and has had a diagnosis of an asbestos-related condition, a family member will be able to make an asbestos after death claim on their behalf.
We have produced a video of the five most common questions, which you can watch below.
How Is Compensation for Asbestos Decided?
In the UK, the courts will consider several factors when deciding on a compensation payout for asbestos-related diseases. Each case is decided based on unique facts, but the following points are common considerations.
- The type of asbestos-related disease – such as asbestosis.
- The age of the deceased (or living victim) – the younger the person, the greater the compensation.
- The length of suffering – the longer the pain and suffering, the more damages the court will award. Asbestos-fibre inhalation is currently proven to increase lung cancer risk, according to various studies of workers exposed to asbestos. More prolonged asbestos exposure puts an individual at a higher risk of developing lung cancer. Most medical cases of asbestos-related lung disease in workers occur at least 15 years after the first exposure.
- The courts will consider the level of smoking the victim had consumed if lung cancer is diagnosed.
Can I Get Compensation for Asbestos Claims After Death?
Compensation payouts for death following the inhalation of asbestos dust at work are very much after the event symptoms of the disease have a very long latent period, often over 30 years from first exposure to the deadly dust.
Often, most asbestos sufferers who seek legal advice are in their 60s and 70s. They are concerned for their loved ones as they are usually a carer for their partner who needs support.
No amount of compensation will ever replace the tragic loss, but it will provide some financial support, help pay for bills and expenses and even care for loved ones left behind.
There will also be a sense of justice that someone has paid for the hurt, pain and suffering endured before death.
As specialist asbestos claims after death solicitors, we will consider all claims sympathetically and expertly. All asbestos-related claims will be considered.
Please contact us now to discuss a possible claim, but remember that you have a limited period to make a claim: three years from the date of death or within three years from when the worker who was exposed to the dust knew that it was related to his/her workplace.
Can I Claim Asbestos Compensation for Family Members UK?
Have you recently lost a family member due to an asbestos-related disease? If your answer is, unfortunately, yes, we know how difficult life may be for you right now. You shouldn’t have to suffer in silence or feel hopeless. You may be able to pursue a claim on behalf of your deceased relative.
As most asbestos exposure occurs in workplaces, the first step to claiming a loved one is to piece together their employment history. Solicitors will work closely with the family members to track the relative’s previous employers and pinpoint where asbestos exposure occurred. Compensation can still be pursued even if the employer is no longer operating. Evidence will be collected, including witness statements, to determine how asbestos exposure occurred and whether anyone else has also suffered.
To make a UK asbestos compensation claim on behalf of a family member, please contact us today.
Can I Make an Asbestos Claim As a Dependent?
If you are considered a dependent of the deceased, then you relied heavily on the person before they died. You may have depended on the deceased for financial assistance or support services like childcare. Dependents often include partners, children, parents and siblings, but this isn’t an exhaustive list.
If making an asbestos claim as a dependent, your entitlement will be based on factors relating to the death. A person dying following asbestos-related exposure can cause their loved ones to suffer financially or through other loss of dependency. If this fits your situation, we highly recommend that you discuss the case with an experienced solicitor. Dependency claims help loved ones recover from loss of services and financial loss.
Please view our dedicated dependency claims page to learn more about making an asbestos claim as a dependent.
Key Stats on the Impact of Asbestos
The Health and Safety Executive (HSE) considers asbestos to be one of the most significant health hazards in Great Britain, which is why they provide thorough guidance on managing the risks. The HSE regularly reports on asbestos to monitor its impact on our society. We have summarised some of the most critical statistics below.
- Asbestos has been banned in the UK since 1999 but continues to cause high levels of injuries and deaths
- Over 5,000 workers die each year from an asbestos-related disease, which is more than RTA fatalities
- 20 tradesmen die each week due to their past exposure to asbestos
- 1.5 million buildings in the country are believed to contain asbestos, including 75% of schools
- In 2021, there were 2,268 deaths from mesothelioma
- 1,929 new cases of mesothelioma were assessed for the Industrial Injuries Disablement Benefit
- There are around 2,500 asbestos-related lung cancer deaths recorded each year
- 537 deaths in 2021 mentioned asbestosis as a contributing factor on the deceased’s death certificate
- There were 460 new cases of pleural thickening recorded during the year
The Johnson & Johnson Scandal
One of the most well-known scandals around asbestos involves Johnson & Johnson, a multinational healthcare company. The brand has been known for selling medical products, pharmaceuticals and household items since it was formed in 1886. For many decades, it has been common knowledge that Johnson & Johnson’s talcum baby powder had been contaminated with asbestos, which is believed to have led to cases of ovarian cancer, mesothelioma and other related diseases. While the brand has consistently publicly denied the connection, court documents show that they have been aware of asbestos liabilities since the 1950s, and they have attempted to suppress the concerns.
This scandal has been the subject of thousands of lawsuits, and one of the first successful claims happened in 2016 when a woman was awarded $72 million, but this verdict was later overturned. Johnson & Johnson continues to dispute the claims and generally appeals any decisions against them. They have been successful sometimes; other times, they have not. In April 2023, the company agreed to pay $8.9bn to settle thousands of claims against them Johnson & Johnson has repeatedly tried to file for bankruptcy to settle the claims, but they have failed, with the courts refusing their attempts.
The History of Asbestos
The asbestos mineral has a long history dating back to the prehistoric era, but it became more prevalent during the industrial age of the 1700s and 1800s. When the benefits of asbestos were discovered, particularly its fire-proofing and electrical insulation qualities, businesses started using asbestos in materials. Sectors that took advantage of asbestos included manufacturing, construction, automotive, energy and shipbuilding. As we know today, the benefits of asbestos are overshadowed by its harmful effects.
The harmful impact of asbestos became apparent during the early 1900s, with the first asbestosis death recorded in 1924. The UK government introduced the first regulations in 1931 with the Asbestos Industry Regulations, but it only covered asbestos-specific manufacturing and not wider industries. It was in 1955 that British physician Richard Doll released a report showing that asbestos textile workers were ten times more likely to receive a lung cancer diagnosis.
Despite the dangers, demand for products containing the mineral continued to surge, especially following the Second World War. Asbestos demand peaked in the 1970s, with the United States alone consuming 804,000 tons in 1973. People soon understood the dangers of asbestos, and trade unions led the call for safer working conditions. Blue and brown asbestos was banned in 1985, but white asbestos, the most commonly used, was not banned until 1999.
It wasn’t until the end of the century that more governments started taking action by partially or fully banning the use of asbestos. However, many countries continue to use the mineral. Russia, for instance, produces over 1 million metric tons each year. Even in countries where asbestos is banned, the long-term nature of asbestos-related diseases means thousands die each year. It is only in recent years that the UK death rate has started to decline.
Making an Asbestos Claim After Death for Families
We hope this guide has helped you understand what asbestos-related conditions exist and how a victim or loved one can claim compensation damages. If you want to know more or wish to proceed with a claim, please get in touch with us by clicking the following button. We look forward to hearing from you.
