Making a Claim for Compensation
- Call us for legal advice immediately
If any of the conditions above are diagnosed the victim should seek legal advice immediately because there is a time limit for starting legal proceedings which is usually three years from the diagnosis or date of death. Legal advice should be sought from a solicitor with asbestos experience as asbestos related claims are often extremely complex. The court has the discretion to allow claims outside the three year claim period so it is always worth checking with an exerienced solicitor whether you might have grounds for a successful claim.
- Paying for a Claim
Claims can be paid for in several ways. If a claimant is or has been a Trade Union member the Union may agree to fund a claim. The claimant may also be able to enter a ‘No Win, No Fee’ agreement. or may have legal expenses insurance.
- Compensation
Compensation can be awarded for previous and future pain and suffering, loss of past and future earnings, cost of specialist care, care provided by the claimant’s family and special needs such as special baths or beds.
Other Ways to Secure Compensation
- 1979 Pneumoconiosis (Workers Compensation) Act
We can pursue a compensation claim against businesses that have ceased trading or their insurers. Where this is not possible the Department for Transport, 1979 Pneumoconiosis (Workers Compensation) Act may allow a claim that can be paid out by the Government. This Act of Parliament allows for victims of dust-related diseases or their dependants to make a claim for payment.
- Department for Work & Pensions
People suffering from Asbestos related conditions may be entitled to benefits from the Department for Work and Pensions (DWP). These benefits are normally separate from any compensation claim being pursued. Victims exposed to Asbestos before 1948 may be entitled to a Workmen’s Compensation Scheme payment.
After 4th July 1948 a victim suffering from Diffuse Pleural Thickening, Asbestosis, Asbestos induced cancer or Mesothelioma are entitled to apply for Industrial Injuries Disablement Benefit. This is payable to those claimants suffering disability that has been caused by a disease prescribed by the DWP as resulting from an occupation. We will advise you on your entitlement to DWP and other benefits.
Support Networks, Information and Web Links
www.dwp.gov.uk
www.dft.gov.uk
www.mantrust.org
www.hse.gov.uk
Immediately After Diagnosis
Call Pattinson & Brewer direct on 0800 988 0777 for a free first interview and advice. We can visit you at home or in hospital We will advise you of the next steps We will give you straightforward advice about your chances of a successful claim and about the benefits you may be entitled to.
Please note that the information contained on this web site is for general information only and is not a definitive statement of the law. Every effort has been made to ensure that the information on this web site is accurate and up to date, however, it is an introduction to an extremely complex legal subject and should not be relied upon in legal proceedings. You should seek professional legal advice before acting in any way upon the information on this web site.
If you think you have a claim of if you need more information please contact our Industrial Disease Team on 0800 988 0777 and ask for one of the following:
Paul Meehan - pmeehan@pattinsonbrewer.co.uk (London - Central)
Marcus Weatherby - mweatherby@pattinsonbrewer.co.uk (London - Central)
Deborah Smith - dsmith1@pattinsonbrewer.co.uk (London - Central)
Gary Lightwood - glightwood@pattinsonbrewer.co.uk (Bristol)
Ron Thompson - rthompson@pattinsonbrewer.co.uk (York)
