According the law, a compensation claim for asbestos related illnesses must be filed within 3 years from the date that you first became aware of the diagnosis.
If you are claiming compensation on behalf of a deceased family member, the claim must be filed within 3 years of the date of death or within 3 years from the date of awareness if the asbestos link was only discovered after the death. For example, the asbestos link may have only been discovered as a result of a coroner’s inquest or a post mortem examination.
What Obstacles you must overcome to file a Successful Claim?
There are 4 main obstacles you will need to overcome in order to file a successful asbestos claim:
- You will need to obtain a medical report stating that you are suffering from an asbestos-related disease. This report cannot be obtained from any medical professional. For it to stand in court, it has to be furnished by a reputed respiratory disease expert.
- You have to establish that the exposure to asbestos occurred at a specific workplace or due to proximity to a particular asbestos-related industry.
- You will need to show that your employer or the company was aware of the risks and could have foreseen that there was a high probability that you could develop symptoms of asbestos-related disease. Since all workplaces in the UK were made aware of the risks of asbestos exposure from the time of discovery in the early 1990s, this should not be too difficult to prove.
- You will have to prove that your company was negligent with regards to informing you about the dangers, putting proper precautionary measures in place or providing you with proper protective gear. It is a known fact that many employers did nothing to inform or protect their employees or local residents, actively putting them at risk for asbestos-related diseases.
Filing a compensation case for asbestos related diseases is one of the more complex and challenging areas of personal injury law. The best way to ensure that you get the maximum compensation that you and your family are entitled to is to seek legal advice from a personal injury firm that has the necessary specialist expertise in dealing with asbestos claims.