We Try to Keep Everything Clear and StraightForward
If you have been diagnosed with Mesothelioma, Asbestosis, Asbestos Lung Cancer, Pleural Thickening or Pleural Plaques, you may have an entitlement to one or more of the following; Government State Benefits – (lump sum payment and/or weekly payments for benefits such as Attendance Allowance, PIP, Industrial Injuries Disablement Benefit), a Veteran’s Agency claim, a Civil Insurance claim or a claim through the Mesothelioma Payment Scheme.
See the tariffs below for the Government lump sum payments for mesothelioma and also the lump sum tariff payments through the Mesothelioma Payment Scheme. These are on a tariff depending upon your age at the time of application and similar sums for mesothelioma are available through successful civil insurance claims, although these are calculated differently and are not on a fixed tariff. Therefore pay outs through civil insurance policies can be higher or lower than the Scheme tariff payments.
Most cases are settled in lifetime, however, we do help families who have lost a loved one to one of the above conditions within the past 3 years and so do get in touch with us as early as possible if this happens. Sometimes we are contacted by hospice staff to help families with support, care and guidance when people are at end of life. We often deal with family members for people who are too poorly or do not feel up to dealing with a legal claim at this time.
We go to great lengths to keep everything as discrete, simple and straight forward as possible, with lots of help, information, support and guidance along the way. Therefore we provide you and your family with a complete holistic wraparound service from a close knit team. We are fully aware that this is a very difficult decision for you, however, it is important to get it right so that your legal experience does not make worse your feelings of upset and anxiety at a very difficult time, and even more so as you may be about to embark on chemotherapy or immunotherapy treatments.
Asbestos at the Carborundum Factory at Clayton-Le-Moore, Accrington. We have a client who worked at the Carborundum Factory between 1968 to 1981 and came into contact with asbestos lagging on the pipes and boiler. He used to clean out the boiler each time there was an insurance inspection. He was recently diagnosed with Mesothelioma, a cancer of the lining of the lung linked to breathing in asbestos dust and fibres which are often invisible and microscopic. If you worked at this factory and have some knowledge of the asbestos there or working practices at the time, then please do get in touch as we would be very interested to hear from you.
Types of Asbestos Respiratory Illnesses
- This can be following a lung biopsy or a clinical diagnosis as sometimes people are too poorly for a lung biopsy.
- This can be of the lining of the:
- lung (pleura) – this is by far the most common accounting for over 75% of cases,
- abdomen (peritoneal),
- heart (pericardial)
- testicular mesothelioma
- With a diagnosis of mesothelioma, sometimes the past exposure to asbestos dust can be low and the dust can of course be invisible and microscopic. You may not be aware of particular past exposures and so always get in touch and hear what we have to say on this and how we can best help you
- Mesothelioma is a “long tail” disease and so sometimes people have been exposed to low levels of asbestos dust around 30 or even 60 years ago. We have specialist knowledge and trained staff who can help you with this evidence. It is possible to have been exposed to asbestos just 10 years ago.
- There is an automatic Government Lump Sum available for this diagnosis
- We help people who were self employed
- We help people who were exposed through laundering their partner’s dusty work clothes and these are called “secondary exposure claims”
- We help families with fatal claims where they have lost a loved one to this condition within the last 3 years.
- It is possible for us to speak with your spouse or family member if you are too poorly, or do not feel up to getting involved in a legal claim at this stage.
- This can be any type of lung cancer and differs from mesothelioma as you would need to have had exposure to asbestos dust for at least one year. Often people have fairly moderate exposures over a 5 or 10 year period and this does not have to be consecutive years.
- A good example of one case is a plumber who ripped out old bathrooms in a large hotel during hotel refurbishments for over a year back in the 1970s. He did not realise that he would have been coming into contact with old asbestos string used on the old toilet cisterns and sinks, until he spoke with a specialist solicitor. He had an asbestos lung cancer claim.
- It does not matter if you smoke or have a past history of smoking as it is the combined effect of both the carcinogens from the smoking and the asbestos dust that put you at much greater risk of contracting lung cancer. For this reason the asbestos lung cancer claims are successful.
- This is non cancerous scar tissue on the lungs and is a lung disease caused by long term damage from asbestos fibres. These fibres are microscopic and so people do not realise they are breathing them in. Once inside your body the fibres are so strong, your body cannot get rid of them. They also cause damage to your lungs by irritating healthy lung tissue. The lungs get scarred and stiffen from this irritation over time
- People with asbestosis frequently have breathing problems
- Sometimes asbestosis can be confused with fibrosis which can appear similar on a CT scan, however, fibrosis tends to come on quickly and progress rapidly. Therefore asbestosis has a slower progression and sometimes pleural thickening and/or pleural plaques are also visible on the CT scan
- These are benign conditions and show up on a chest X-ray or CT scan
- Pleural Plaques are a chalky calcium based material that builds upon the lining of the lungs and is often indicative of heavy past asbestos exposure. The disease typically has no physical symptoms and does not require treatment. Compensation for this condition was prohibited over 10 years ago, however, sometimes people can still claim if they have symptoms from this condition.
- Pleural thickening results from severe scarring of the pleura. It is more widespread that the scarring associated with pleural plaques and leads to much more severe symptoms. Compensation is available for this condition depending upon your percentage of respiratory disability.
All enquiries and initial research is free of charge whilst we see if you do have an entitlement to a claim and figure out which claim(s) are most suited to you. If you do have a viable civil insurance claim, then our funding is on a no win no fee basis.
We do not deduct anything from our clients compensation payments for success fees and our clients keep the full amount of any compensation recovered on their behalf with no deductions.
Our fees are paid on a standard hourly at the conclusion of your claim, by the insurance company who are paying you your compensation. If we do not recover any compensation for you, then our legal fees are written off and you are not charged for anything whatsoever. In mesothelioma Scheme claims, the Scheme has set a fixed fee of a maximum £7,000 and this includes VAT, and this is paid by you, out of your pay out and once you have received this. Some clients just have the Government State Benefit claims or claims through the Veteran’s Agency and these are done on your behalf, on a pro bono (free of charge) basis by our trained Macmillan staff. We provide local Citizen’s Advice agencies with a whole range of pro bono advice relating to asbestos.
- This is available during lifetime or a spouse/partner of more than 2 years living together, can apply within 3 years of losing a loved one
- It is not an automatic pay out and is available as a last resort, if your past employers did not take out any Employer’s Liability insurance cover. This was often not taken out as this insurance was not compulsory for employers until after 1972 and even then it was not strictly enforced.
- We will look at all of your employment history as sometimes people were exposed to asbestos at more than one place of work.
- Government Lump Sum Payment Awards are set out below for a diagnosis of Mesothelioma (there are lower lump sums for other asbestos conditions, (see above) or for fatal claims from family members where their loved one did not claim these benefits during lifetime).
- You do not need to worry about details of your past asbestos exposures and a diagnosis of mesothelioma from a biopsy or clinical diagnosis is all that is required. Always apply as soon as possible after receiving a diagnosis to ensure that you receive the full amount.
- Any future compensation from a successful civil insurance claim or claim through the mesothelioma payment scheme, will have this lump sum payment deducted from your compensation and repaid to the DWP. Other state benefit payments you receive in relation to your asbestos condition can also be subject to this deduction and we can advise you on this at the beginning of your claim and once state benefits have all been obtained
|Age when Diagnosed (DWP)|
|54||64085||77||14651 (& over)|