Asbestos-related diseases — including mesothelioma, asbestosis, asbestos-related lung cancer and pleural thickening — can give rise to compensation claims where exposure resulted from an employer's negligence. Mesothelioma claims are handled urgently given the prognosis. Claims can proceed even where the employer has closed, by tracing insurers, and government schemes such as the Diffuse Mesothelioma Payment Scheme may help where no insurer can be found.
Asbestos was used widely in British industry and construction for much of the 20th century, and its consequences are still being felt today, often decades after the exposure. Asbestos-related diseases — above all mesothelioma — are serious, and the law provides routes to compensation that are designed to work even when the exposure was long ago and the employer is gone. This guide explains them in plain English. We are an independent information service, not a law firm; given the seriousness, specialist advice should be sought immediately.
Asbestos-related diseases
Exposure to asbestos fibres can cause several conditions, usually appearing decades later:
- Mesothelioma — an aggressive cancer of the lining of the lungs (pleura) or abdomen (peritoneum), almost always caused by asbestos.
- Asbestosis — scarring (fibrosis) of the lungs from heavier exposure.
- Asbestos-related lung cancer.
- Pleural thickening and pleural plaques — changes to the lining of the lungs.
These are distinct from other industrial diseases and are treated with particular urgency, especially mesothelioma.
Why mesothelioma claims are handled urgently
⚠️ Seek advice immediately on diagnosis
Mesothelioma has a short prognosis, and the courts run a special fast-track procedure so that claims can, wherever possible, be resolved within the person's lifetime. Interim payments can often be obtained quickly where liability is admitted or clear. This is why anyone diagnosed should seek specialist legal advice without delay — time genuinely matters here.
Tracing employers and insurers
Because exposure typically occurred many years ago, a key task is identifying the responsible employer and, crucially, their insurer. Asbestos claims are met by the employer's liability insurer at the time of exposure, so a claim can succeed even if the company has closed. The Employers' Liability Tracing Office (ELTO) helps locate the relevant insurer, and specialist solicitors are experienced in reconstructing old employment and insurance histories.
Government schemes where no insurer can be found
Sometimes no liable employer or insurer can be traced. In that situation, statutory schemes can still provide a payment:
- The Diffuse Mesothelioma Payment Scheme 2014 — for people with mesothelioma who cannot trace a liable employer or insurer.
- The Pneumoconiosis etc. (Workers' Compensation) Act 1979 scheme — for certain dust-related diseases.
- Industrial Injuries Disablement Benefit — a state benefit for prescribed industrial diseases.
GOV.UK sets out these schemes, and a specialist solicitor or Citizens Advice can explain how they fit alongside any civil claim.
Time limits
⏳ Three years from knowledge — but act now
The usual limit is three years from your date of knowledge under the Limitation Act 1980, with the court's section 33 discretion available for late claims; for a death, a claim by the estate or dependants generally runs three years from the death. With mesothelioma, the practical message is simple: take advice immediately. See our time limits guide.
Asbestos claims are built to survive the passage of time — through insurer tracing and government schemes. With mesothelioma, though, the one thing not on your side is the clock, so advice should be sought the moment a diagnosis is made.
Frequently asked questions
What diseases are caused by asbestos?
The main asbestos-related conditions are mesothelioma (a cancer of the lining of the lungs or abdomen, almost always caused by asbestos), asbestosis (scarring of the lungs), asbestos-related lung cancer, and pleural thickening and pleural plaques. They typically appear decades after exposure. Mesothelioma in particular is aggressive, which is why claims are dealt with as a matter of urgency.
Can I still claim if the employer that exposed me has closed?
Usually yes. Asbestos claims are met by the employer's liability insurer at the time of exposure, so they can succeed even if the business no longer exists. The Employers' Liability Tracing Office helps locate the insurer. Where no employer or insurer can be traced, government schemes such as the Diffuse Mesothelioma Payment Scheme and other statutory schemes may provide a payment instead.
Why are mesothelioma claims dealt with quickly?
Because mesothelioma has a short prognosis, the courts operate a special fast-track procedure for these claims so that, wherever possible, the person affected can see their claim resolved within their lifetime. Specialist solicitors and dedicated court processes aim to obtain interim payments and a swift outcome. This urgency is one of the reasons to seek advice immediately on diagnosis.
How long do I have to bring an asbestos claim?
Generally three years from the date of knowledge — broadly, when you knew you had a significant asbestos-related illness linked to past exposure — under the Limitation Act 1980, with the court's section 33 discretion available for late claims. For a person who has died, a claim by the estate or dependants generally runs three years from the death. Given the prognosis in mesothelioma, take advice without delay.
What government schemes help asbestos victims?
Several. The Diffuse Mesothelioma Payment Scheme 2014 can pay people with mesothelioma who cannot trace a liable employer or insurer. Other statutory schemes, including payments under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 and Industrial Injuries Disablement Benefit, may also apply. A specialist solicitor or Citizens Advice can explain which routes fit your situation, alongside any civil claim.
Get help from official, free sources
- GOV.UK — Diffuse Mesothelioma Payment Scheme — payments where no insurer can be traced
- Health and Safety Executive (HSE) — asbestos duties and information
- Employers' Liability Tracing Office (ELTO) — trace a former employer's insurer
- The Law Society — Find a Solicitor — find an asbestos disease specialist
- Citizens Advice — benefits and practical guidance
Related guides: industrial disease claims, hearing loss claims, fatal accident claims and accident at work claims.