Often those diagnosed with an asbestos related illness have been injured simply by going to work or school – a place where they thought they would be safe and looked after. Yet for many of our clients, the decision to make a claim for compensation is not a straight forward one. The myth of the ‘claims culture’ can deter and people sometimes worry about the effect on their former employer. It is really important that people take specialist legal advice so they can make a fully informed decision about making a claim, during the meeting with the solicitor any reservations or concerns about the process can be discussed and questions answered. They can also ensure any time limits are not missed. A claim can allow you to access bespoke medical treatment, ensure you receive the care you need, and that your loved ones are provided for.
Perception v Reality
‘No one knew asbestos was dangerous back then, it isn’t fair to place blame’
The simple fact is the dangers associated with the use of asbestos have been known since at least the beginning of the 20th Century. The government knew of the developing knowledge about asbestos and put in place legislation meaning that employers ought to have known about the dangers. Asbestos Regulations were enacted as long ago as 1931!! At that time, it was only known that heavy exposure to asbestos could cause disease. However, by 1965 it was appreciated that even low levels of exposure could cause mesothelioma. Employers and the occupiers of buildings are under a duty to keep abreast of developing knowledge and up to date with the law. Therefore they often knew or ought to have known about the dangers and should have taken steps to protect people from exposure.
‘I loved my job. I don’t want to make a claim and get anyone in to trouble’
People are often concerned about getting others into trouble. They may have fond memories of their bosses and colleagues. Sometimes people struggle to accept that it was the work they enjoyed so much that has led them to develop an illness. Making a claim will not get any individuals into trouble. The vast majority of asbestos claims are pursued against companies, not individuals, and in reality, most companies had insurance in place and it is those insurers that pay the compensation. Whereas the insurance industry should not have to deal with unmeritorious claims, they should deal with claims that have merit – after all they received payment of the premiums all those years ago. Even if the insurers cannot be traced a government fund has been established for those with mesothelioma, and that compensation will typically exceed £100,000. For members of the armed forces exposed during their service the veterans agency can award £140,000.
‘I am not short of money so I am not going to bother making a claim as I don’t want to be greedy’
Those who are financially secure may not want to make a claim. However, thought should still be given to pursuing a claim as the damages recovered can help to fund specialist care and support and also access bespoke medical treatment which may not even be available on the NHS which can potentially prolong life and improve quality of life. The government will also be able to reclaim the benefits paid out from the defendants if a successful claim is made, meaning many thousands of pounds go back into the public purse and the benefits budget. Those diagnosed with a disease may also have dependants who rely on them – whether that be for services such as gardening, driving, house maintenance or childcare. Sometimes people care for another member of the family and thought should be given to who will take over the care or how will it be funded in to the future. Making a claim is not being greedy!
‘‘I feel uncomfortable profiting from the death of a loved one”.
When you have lost a loved one to an asbestos illness making a claim can feel overwhelming. We understand that making a claim cannot bring a loved one back. No amount of money can compensate you. People are understandably grieving and there is alot to do to sort out the loved ones affairs without adding a claim. People sometimes feel that they are ‘money grabbing’ if they contemplate a claim. However, your loved one’s suffering is something they would have been entitled to be compensated for. Family members may have spent considerable time caring for their loved one during their illness, taking over all kinds of responsibilities – driving to all medical appointments, cleaning, cooking, gardening, DIY and life admin or looking after pets, children and grandchildren as their loved one previously did. Monetary losses may have been thousands of pounds. One of the biggest losses is often the impact on income – losing the person’s entitlement to pension income or wages if the Deceased was still working at the time of death. Making a claim and recovering compensation is not profiting. It can never put you back in the position you would have been but for your loved one’s illness but compensation can ease financial worries for those left behind.
‘I am just going to apply for government benefits instead of making a legal claim’
Sometimes people may decide to claim benefits but not make a legal claim. However, they may not realise that they may be able to access bespoke medical treatment as part of their claim. Benefits will not for example be anywhere near enough money to fund private non NHS funded treatments or provide specialist care to the patient or perhaps a loved one they were caring for when they were well. A claim can also allow the government to recoup the benefits it has paid, meaning they are available for others who are entitled to claim government support.
‘Lawyers are intimidating and it will cost me a fortune’
The lawyers on the HASAG legal panel are hand picked not only for their legal knowledge but also because they are approachable, accessible and down to earth. They will come and visit you – just like the lovely HASAG ladies did – you will not have to travel to see them. It is also not the case that you are risking an expensive legal bill. Your lawyer will be able to offer you a “no-win no-fee” agreement which means you can pursue your claim without worrying about legal fees. If you win your case the defendants (usually your employers insurers) will pay all the legal fees and you will receive all your compensation, with no deductions for legal fees. If your case is unsuccessful there is nothing for you to pay. You also aren’t under any obligation to proceed with a claim just because a lawyer has visited you – so you really have nothing to lose in contacting a lawyer – but hopefully you will feel reassured and empowered to make a claim against those who exposed you or your loved one to asbestos dust. In the words of some of our clients:-
“Michael guided us through the whole process with such empathy, kindness and professionalism. All contact that was made with my dad during his battle with terminal mesothelioma was done in a very sensitive way.”
“From the very beginning the solicitors were truly fantastic in supporting myself and my partner in his mesothelioma claim… the help and guidance I was given was outstanding.”
“I was very sceptical at first about making a claim but as soon as I spoke to Helen I was instantly put at ease as she had such a lovely calm approach and so kind. We were put in touch with Laura who handled our claim and we couldn’t have asked for a more friendly, kind, genuine person who always delivered over and above”
“I will always be grateful that I made the right choice. The company made a point of making personal contact. I felt part of the team and could contact anybody at any time. The legal procedure was long and complicated requiring detailed technical statements. The total time of this process took only 9 months, but this hides the fact that interim and final payments were made well within this period…I and my family will always be very grateful to the entire team”
“You and your team helped me achieve my dad’s last wishes. Thank you so much for all your hard work I just wish my dad was still here to know what you did for him”
“I phoned Jennifer and straight away she put me at ease and from that point she took control of every aspect. This was no easy case as my father’s health was very poor but with professionalism and compassion through the most difficult of times for our family, she succeeded in helping my mother with a successful claim. Her guidance and helpfulness on all aspects was second to none. It would seem daunting to anyone to go through this process, but I can assure you Jennifer and her team made it easy”