Welcome to Mesothelioma Advice
Can I get compensation from my former employer if I have mesothelioma?
If you have been diagnosed with mesothelioma (or certain other asbestos related diseases) then you may be able to bring a claim for compensation against your former employer(s) who exposed you to asbestos. There are time limits for claiming so you should not delay in seeking legal advice. Click here to download a copy of our asbestos compensation guide which provides more details about bringing a claim.
It is important that you instruct solicitors who specialise in bringing claims for mesothelioma sufferers. This will give you the best prospects of having your claim resolved successfully and for the maximum amount of compensation as quickly as possible.
Even if your employer is no longer trading then it might still be possible to bring a claim. How much you get depends upon the particular facts and circumstances of your case.
To succeed with your mesothelioma claim you need to prove that your employer or whoever exposed you to asbestos was negligent. This is different to obtaining state benefits because in a civil claim you need to prove that your employer was legally at fault in exposing you to asbestos. Your solicitor should advise you about whether your case has reasonable prospects of success.
What do I have to prove to get compensation?
To win your case you need to prove that your employer(s) was negligent. This basically means that you must prove your employer(s) exposed you to asbestos in breach of their legal duties causing you to develop mesothelioma.
Your case will be dealt with by a specialist solicitor who will guide you through the process and obtain evidence to enable you to pursue your claim. We will come and visit you at your home to obtain a detailed statement about your past work conditions and will gather other evidence needed including a medical report from a specialist doctor and any other expert evidence.
How long will my claim take?
We are committed to pursuing mesothelioma claims urgently and aim to resolve cases within 3-6 months of first contact. This may not always be possible depending on the facts of your case, but with our longstanding experience of these types of cases and the use of specialist court procedures designed to “fast track” mesothelioma claims, we will do our best to finish your case as quickly as we possibly can. Sometimes cases can take longer when there are complex and difficult issues eg tracing insurers where the employer has gone bust. Cases for other types of asbestos disease may take longer.
How much compensation am I likely to recover in a claim?
This depends on the facts of your case. Please click here for more information or download a copy of our Asbestos Compensation Guide. Damages will be awarded for what is known as pain, suffering and loss of amenity. You may also be entitled to compensation for past and future loss of earnings, out of pocket expenses including travel, loss of past and future ability to carry out DIY and other services around the home, loss of earning capacity, loss of entitlement to pension income, care costs and medical expenses including medical aids and equipment. The current guidelines for judges when assessing pain, suffering and loss of amenity awards in mesothelioma claims is £35,000-£83,750, but awards are typically over £60,000. Damages are payable where care has been provided. This can include commercial care or care provided by friends and family.
Although we understand that no amount of damages will really compensate you for what has happened, at least it may enable you to make sure that you have everything you need to make yourself as comfortable as possible and to help ensure that you are financially secure and that your loved ones are provided for. All this may provide some peace of mind.
Can I get benefits from the government as well as bringing a compensation claim against my employer?
Mesothelioma is classed by the government as a prescribed industrial disease. This means that as well as bringing a civil claim for damages you may be able to obtain state benefits. You may be entitled to Industrial Injuries Disablement Benefit. This application can now be fast-tracked with supportive medical evidence and dealt with very urgently. You may be entitled to receive other benefits for your condition and any care that you need such as Disability Living Allowance, Attendance Allowance and Exceptionally Severe Disablement Allowance. A specialist welfare benefits advisor will be able to advise you about your potential entitlement and make sure that you maximise your income as well as advising about how applying for one benefit may result in you losing other ones..
You may also be able to obtain a lump sum payment from the government under certain statutory schemes, the Pneumoconiosis, etc (Workers’ Compensation) Act 1979 and the 2008 Diffuse Mesothelioma scheme. Click here to find out more. Even if you no longer live in the UK, you may still be eligible to obtain state benefits for asbestos disease if you contracted the illness through asbestos exposure when you were an employee in this country. Click here for more information about how to do this. We can help to refer you to a welfare benefits specialist in your area, such a local asbestos victim support group or other organisation.
Can I still claim compensation for mesothelioma if my former employer has gone out of business?
Even if your former employer(s) who exposed you to asbestos has gone out of business it may still be possible to bring a claim against them for mesothelioma. We will apply to the Inland Revenue for a list of your former employers. There can be complex changes of corporate names and it may be that we will only get to the bottom of the exact name of your employer by getting detailed company searches and making further enquiries. Sometimes companies are taken over by other organisations and by following through the paper trail we may be able to trace who the former insurers were.
We will also check in our archive of past cases to see if we have ever had claims against the organisation before. We will make enquiries with former directors and other people connected with the organisation to try to trace insurance details. Even if your former employer(s) has gone out of business, if we can trace who their previous insurers were then you may still be able to bring a claim against it. We have experience of bringing successful claims against many defunct employers where we have been able to trace their insurers. A legal application will need to be issued in the case of a company to bring it back to life for the purposes of your claim. Again, this is something that we will deal with.
The Association of British Insurers operates a tracing scheme to try to trace the former insurers of defunct employers in this situation. However, the success rate of the scheme in tracing insurers has been historically poor.
We will use all of the experience and know-how we have developed over our years in practice to try to trace insurers of former employers. Although we can’t always promise that we will succeed, we do promise that we will do our best with dogged determination to help you. In a small number of cases where no insurers can be traced then a civil claim may not be possible although a lump sum payment may still be available from the government under statutory schemes.
Will I have to go to court if I make a mesothelioma claim?
Most cases do not normally proceed to a full trial. However, we often find that we must to issue court proceedings to try to encourage insurance companies to deal with cases properly and promptly. Starting court proceedings means that we lodge certain documents with the courts which are then served on the defendant(s). The insurer will then need to appoint solicitors to deal with the claim.
There are now special court rules and procedures to make sure that mesothelioma claims are dealt with urgently. When court proceedings are started your case will normally be referred to a judge who specialises in mesothelioma claims to arrange a meeting with both sides and lay down an urgent timetable. Only a small proportion of cases actually go to trial so it is unlikely that you would have to give evidence at court. If you are not well enough to attend the court hearing then other arrangements can be made for your evidence to be given.
Can I bring a mesothelioma claim on behalf of a loved one who has passed away?
If a court claim has been started but not finished by the time that someone with mesothelioma has passed away then it is usually possible for the claim to be continued.
A claim on behalf of the estate will normally be continued by the executors of the will or if there was no will, by the next of kin. A claim can also be made by any dependents. This is usually the spouse or partner but could include others. We can assist you with the legal process.
If a claim was not started at court by the time that somebody with mesothelioma had passed away then it may still be possible to bring a claim. You should seek legal advice about this as soon as possible.
Where somebody has died from an unnatural death (such as an industrial disease like mesothelioma) then the Coroner will normally need to be informed. The Coroner will carry out various investigations and may arrange an inquest hearing to determine the cause of death.
It may be necessary for a post mortem/autopsy to be carried out to clarify the medical issues. We understand that this can be a very difficult and traumatic time and will do our best to sympathetically guide you through the process.
What are the time limits for making a mesothelioma compensation claim?
There is a legal rule called limitation which lays down rules about when claims should be made, so it is important to urgently seek advice if you have been diagnosed with mesothelioma or another asbestos related condition or if you believe you may have developed such a condition.
The general rule is that you should start court proceedings within 3 years of when you first know or ought to have known about your condition caused by asbestos exposure in your former workplace. If somebody has passed way within 3 years of this date then time may run from the date of death for the benefit of those entitled to continue with any claim.
If 3 years have already expired then it may not be too late to claim. Judges have discretion to allow claims that were started outside of this 3 year period if there are good reasons for the delay.
You should seek legal advice as soon as you can for further guidance about whether you may be able to bring a claim.
How will my mesothelioma case be paid for?
We act for most of our clients on a “no win, no fee” basis (also known as a conditional fee agreement). Click here for more information about how this works. Basically, under no win, no fee we will agree that we only get paid if we win your case. If you lose your claim then we will not charge you anything for our work and you will be fully covered for all other liabilities by an insurance policy that we will arrange for you. There is nothing whatsoever to pay if you lose. If we win then we expect to get our charges from the other side and not from you, separate and in addition to whatever damages we also recover for you. It is as simple as that. We have been operating our cases on a no win, no fee basis for many years, ever since the system was introduced to replace legal aid.
How do I know if a solicitor is any good?
There are certain questions that you may want to ask before you instruct a solicitor to deal with your mesothelioma claim or that you may want to put to your existing solicitor.
Click here for some questions you may want to ask if you are thinking about instructing a new solicitor or click here for examples of some questions you may want to ask your existing solicitor if you are not happy with how your case is progressing.
Questions that you might want to ask a solicitor for the first time about a mesothelioma claim might include-
Does the solicitor or his/her firm also act for insurance companies defending compensation claims brought by asbestos sufferers? If so, how do they prevent there being a conflict of interest?
- Is the person who will be doing your case a qualified solicitor?
- Will he/she be handling your case personally?
- Does the solicitor specialise in doing asbestos claims?
- Has the solicitor taken such claims to court? If so, how many?
- Does the solicitor specialise in doing other types of work? If so, what proportion of their work relates to asbestos claims?
- Does the solicitor try to start court proceedings in the claim quickly or negotiate with insurance companies?
- How long does it usually take the solicitor to get asbestos claims to trial?
- Do they use fast track court procedures to deal with mesothelioma claims urgently?
- Is the solicitor a member of APIL and/or the Law Society Personal Injury Panel? If not, are any of his/her colleagues?
- Can the case be done on a no win/no fee (conditional fee agreement) basis? If so, will the solicitor deduct any money from your compensation?
Claims for asbestos related disease can give rise to very complex medical and legal issues. If you had a complex and serious medical problem you would expect your GP to refer you to a specialist doctor. We think it is important that asbestos disease victims get specialist legal advice. We are also happy to consider accepting referrals from other solicitors. Click here to read our guide on referrals from other solicitors.
If you already have a solicitor acting for you in a mesothelioma claim there are some questions that you might want to consider asking-
- Have court proceedings been started? If not when will court action begin?
- Has the solicitor obtained a medical report and other evidence such as witness statements yet?
- Will the claim be issued in a court that specialises in dealing with mesothelioma cases?
- Has the claim been listed for trial yet if court proceedings have been started? If not, when will your case be listed for a final hearing?
- Has the defendant(s) admitted liability? If not, will the solicitor be asking the court to use the “show cause” procedure and make an award of interim damages?
- How much does the solicitor think that your claim is worth? If the solicitor cannot say at the moment, when will they be able to advise you?
Why do I need a solicitor to handle my claim?
Claims handlers have started to appear who may deal with mesothelioma and other asbestos disease claims. They are not solicitors. This may not always be clear from their websites. They typically sell cases to solicitors.
If claims handlers try to do cases themselves they may be more likely to negotiate with insurance companies rather than getting on with your claim. If you have mesothelioma it is important that your solicitor deals with your claim urgently.
Claims handlers may refer you to solicitors that they have financial arrangements with. They may not be mesothelioma specialist solicitors.
Solicitors have insurance cover so if something goes wrong with the case clients have protection.
What are the steps in a mesothelioma claim?
Every case is different and some cases can be more complex and take longer to complete as a result. We will try our best to do cases for mesothelioma sufferers as quickly as we possibly can because we understand that people with mesothelioma need damages to make sure that they have all the help and equipment they need, to make sure that loved ones are looked after and to get their affairs in order.
These are some of the steps that are typically taken in mesothelioma claims-
- After first contact we will arrange an urgent home visit to your home, no matter where you live in the UK. We always try to do this within 48 hours and less when possible or if you are very poorly.
- We will explain at this meeting how your claim will work and how it will be funded. We may be able to give you an initial idea as to whether there seems to be a good case.
- At the first meeting you will sign some forms so that we can apply for various documents such as medical records, a list of employers from HM Revenue, wages details, pension details, state benefits information, etc.
- We will urgently apply for this information stressing to the organisations that the documents are required urgently and we will chase this up if there are delays.
- We will refer you to a benefits advisor to ensure that you are applying for all benefits that you may be eligible for. This is typically a representative from a local asbestos support group.
- We will take a detailed statement from you dealing with various issues including your work history and how you were exposed to asbestos. We will send this to you as soon as possible.
- We will try to travel, speak to and obtain statements from any of your former workmates and send statements to them to try to support your claim.
- We will arrange funding for your case and if appropriate, offer you a conditional fee agreement (no win/no fee) and arrange insurance to protect you from any costs.
- We will carry out urgent investigations to trace your employer. We will carry out detailed searches at Companies House to find out more information. If your employer has gone out of business we will carry out urgent enquiries to try to trace who their previous insurers were. This will involve us looking in our archive of past cases, contacting directors and other people connected with the company, checking whether other solicitors have tried to trace insurance details through the Association of British Insurers tracing scheme and then submitting an ABI search if necessary.
- We will send an urgent letter to your employer (called a letter of claim) telling them that urgent court proceedings will be started and we will be dealing with the case as quickly as possible. The letter will set out how you were exposed to asbestos, why we think they were at fault and other details about your claim including what damages you are claiming.
- We will instruct a doctor (usually a chest physician) to prepare a medical report. It will often be possible for the doctor to do the report without having to personally examine you because we will make sure that the expert is provided with all the relevant documents including the medical records, copies of x-ray films/CT scans, a copy of your statement and statements from any of your workmates, etc.
- If the company no longer exists but we have been able to trace the insurers we will make a court application to bring the company back to life for the claim. Companies can only be sued if they are “live” and on the Register of Companies.
- We will consider if evidence from other experts is needed. This might include from another type of doctor, an accountant, an engineer, a nurse, etc.
- We will start court proceedings urgently using a court that specialises in mesothelioma claims.
- Within a few weeks at most of court proceedings being started there will be a meeting with a judge who will lay down a timetable for the case. If the other side have come up with no evidence then we will try to obtain judgment against the defendant so that you have won your case at an early stage and can receive interim damages.
- If the defendant is not disputing your claim it will normally be listed for a final hearing within a couple of months or less of the meeting with the judge. If judgment has been entered against the defendant the final hearing is only to decide the level of damages.
Most cases normally settle out of court without a final hearing. If this does not happen we will arrange a specialist barrister with experience of mesothelioma claims to represent you at court. Sometimes there may be a meeting with the barrister before the trial date to discuss various issues.
- If the case settles before the trial we will prepare the documents to finalise the settlement. There will be no need for you to attend at court in most instances.
We will send your compensation to you as soon as we receive it. If for some reason there is a delay we will do our best to get recover your compensation as soon as possible. In a small minority of cases, typically where the employer has no insurance or only partial insurance cover, there may be delays in them sending your damages to us. If this happens we will take legal steps on your behalf to ensure that they pay what you are owed as soon as possible.
- We will do our best throughout your case to handle your claim efficiently, professionally and sympathetically. We will do our best to keep you informed as to what is happening with your case and will let you know as soon as there are important developments. Please see our main website for details about what clients and legal guides have said about us.
Who is likely to develop mesothelioma?
Research carried out by the Institute of Cancer Research for the Health and Safety Executive (HSE) has established that the UK has the highest rate of mesothelioma related deaths in the world.
Historically, workers in heavy industry have had the highest rates of asbestos related disease. HSE statistics have shown that the highest rates of mesothelioma have been in occupations associated with shipbuilding. Areas which had shipyards have the highest mesothelioma rates in the UK. These areas include West Dunbartonshire, Tyne and Wear, Hartlepool and other areas in the north east of England, Barrow-in-Furness in Cumbria, the Wirral in Merseyside, Medway in Kent, Plymouth, Portsmouth and Gosport.
Areas associated with railway engineering and carriage works also have high rates of mesothelioma due to the extensive use of asbestos. HSE data shows high rates of mesothelioma in Eastleigh, Crewe and Nantwich. Carriage and wagon works were also found in Ashford, Brighton, Bromsgrove, Derby, Doncaster, Dukinfield in Manchester, Earlestown near St Helens, Gloucester, Horwich, Rugby, Swindon, Wolverhampton, Wolverton and York.
Areas associated with factories that manufactured asbestos products were also shown in government statistics to have high mesothelioma rates. Barking and Dagenham and Newham close to the site of Cape Asbestos in Barking were cited in the figures. Cape Plc also operated a factory in Hebden Bridge, West Yorkshire. The other major UK asbestos manufacturer was Turner and Newalls (T & N) who had premises in Washington, Tyne and Wear and in the North West including Trafford Park in Manchester, Wigan, Rochdale and Widnes.
Dock areas where raw asbestos fibre was brought in on ships and discharged by dock workers also have high rates of mesothelioma and asbestos disease. Areas such as Liverpool, Southampton and Hull have suffered and we brought a test case against the government on behalf of dockworkers to prove that they were owed a duty of care.
Asbestos insulation workers such as laggers and asbestos sprayers have also suffered from high rates of asbestos illness. Many engineering workers such as pipe fitters and maintenance fitters have contracted asbestos diseases. Asbestos was used extensively in power stations. Many of the power stations were located in less populated areas eg Hinkley Point, Eggborough, Calder Hall, High Marnham, Cottam, Didcot, etc and many workers from all over the UK helped to build them. Many power stations were also located around the Trent region, particularly in Derbyshire and Nottinghamshire. This includes the likes of Meaford, Rugely, Drakelow, Willington, Staythorpe, Castle Donnington, Ratcliffe-on-Soar, Wilford, West Burton and Keadby power stations.
However, recent HSE information has shown that mesothelioma rates are now highest in construction workers including carpenters and joiners, plumbers, heating and ventilation engineers, electricians and electrical fitters. Other workers such as roofers, painters and decorators, labourers, etc are also at risk. They may have had asbestos exposure without even knowing it, particularly through asbestos building sheets such as asbestolux.
Because mesothelioma can be caused by low levels of asbestos exposure it is now occurring amongst other people less well associated with asbestos. There have been cases of mesothelioma amongst teachers, former school pupils, doctors and hospital workers, shop workers, etc. Family members have contracted mesothelioma through contact with loved ones who came home in clothing contaminated with asbestos fibres. Housewives have developed mesothelioma through washing overalls and work clothes contaminated with asbestos.
Mesothelioma and other asbestos diseases have also developed through environmental asbestos exposure. For example, children playing around asbestos factories or on rubbish dumps contaminated with asbestos have developed mesothelioma. We acted in the first court decided environmental asbestos claim arising from children who had played on the site of the JW Roberts factory in Leeds and gone on to develop asbestos diseases many years later.
The prevalence of mesothelioma in women is also increasing. HSE statistics published in 2010 show that the mesothelioma rates in women have jumped by almost one third in 3 years.
Ex-pats who were exposed to asbestos through employment in the UK have also made claims when they have developed mesothelioma and other asbestos diseases in later years. We have successfully acted for clients from various countries including Australia, New Zealand, USA, South Africa, Spain, Malta, Italy, France, etc.
Who are John Pickering and Partners LLP?
Mesotheliomaadvice.co.uk is operated by John Pickering and Partners LLP. We are a specialist personal injury law firm. We have been handling claims for industrial disease for over 30 years. Most of our work involves acting for asbestos disease victims. We only act for the sufferers of asbestos diseases and never act for the organisations that caused the asbestos exposure or their insurers. We have an ethical approach and pledge to donate 10% of our net profits every year to good causes that help asbestos sufferers. Click here to find out more about this. We have also been involved in most of the landmark judgments that shape this area of law. Click here to find out more about us or click here for details of our reported cases. We are on the panels of several asbestos support groups and are ranked highly by legal guides. Click here to find out more about what others have said about us.
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