There are basically 3 sources of compensation.
1. Court action against your employer of the manufacturer of the asbestos.
2. Government benefits: industrial injuries disablement benefit, lump sums under 2 schemes, attendance allowance or disability living allowance, and possibly constant attendance allowance.
3. Trusts set up by asbestos manufacturers or employers: in this country the T&N Asbestos Trustee Company. In the USA, various Trusts set up by American companies that exported asbestos or asbestos products to this country.
Claiming benefits does not prevent you taking court action against your employer. Taking court action against your employer does not prevent you claiming benefits in most cases. Most people do both.
You should take legal advice quickly about compensation through the Courts, and about benefits from the Government.
When you are told you have mesothelioma, you normally have 3 years to start a court action. If someone dies of mesothelioma, their estate or dependants have three years from the death to bring court action. But if you or the family have left it longer than 3 years, this time limit can often be overcome.
If you have breathed in asbestos dust at work without proper protection during the last 45 years, your employers will have been at fault. If it was more than 45 years ago, you still have a good case if you were exposed to substantial dust.
I will investigate getting compensation from whoever exposed you to asbestos dust, usually your employers, but sometimes the suppliers or manufacturers of asbestos products.
I will be able to find out if your employers are still in business.
When you are told you have mesothelioma, you normally have 3 years to start a court action. If someone dies of mesothelioma, their estate or dependants have three years from the death to bring court action. But if you or the family have left it longer than 3 years, this time limit can often be overcome.
If you have breathed in asbestos dust at work without proper protection during the last 45 years, your employers will have been at fault. If it was more than 45 years ago, you still have a good case if you were exposed to substantial dust.
I will investigate getting compensation from whoever exposed you to asbestos dust, usually your employers, but sometimes the suppliers or manufacturers of asbestos products.
I will be able to find out if your employers are still in business.
Even if your employer no longer exists, I can bring them back into existence, if I can find out who insured your employer while you worked there.
You do not need to identify all of the employers who exposed you to asbestos. Any job that made a material contribution to the total amount of asbestos dust you breathed in during your working life will have caused the disease so far as the courts are concerned. Any employer will be liable to compensate you in full.
You do not need to identify all of the employers who exposed you to asbestos. Any job that made a material contribution to the total amount of asbestos dust you breathed in during your working life will have caused the disease so far as the courts are concerned. Any employer will be liable to compensate you in full.
Copyright © Anthony Coombs 2006
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