Asbestosis claims: compensation for asbestos lung scarring

Asbestosis appears long after the exposure that caused it, so the employer responsible may have closed or changed hands by the time you are diagnosed. That makes the paperwork as important as the medical evidence. This guide explains who you claim against, the evidence that matters, how the claims process works, the state support that runs alongside a claim, and what families can do after a death. We are an independent information service, not a law firm.

What asbestosis is

HSE lists asbestosis as one of the four main diseases caused by asbestos exposure and describes it as a scarring of the lungs which is not always fatal but can be a very debilitating disease, greatly affecting quality of life. The other three are mesothelioma, asbestos-related lung cancer and diffuse pleural thickening. HSE says it can take anywhere between 15 and 60 years for symptoms to develop after exposure. It also describes asbestos as the greatest cause of work-related deaths in Great Britain, with around 5,000 people dying every year from asbestos-related diseases.

Asbestosis is not the same as pleural plaques, which are localised patches on the lining of the chest wall that rarely cause symptoms, or mesothelioma, which is a cancer. The difference matters because the legal rules and the state schemes are not the same for each.

Who you can claim against

The claim is made against the employer that exposed you to asbestos, or against its insurer. Under the Employers' Liability (Compulsory Insurance) Act 1969, every employer carrying on any business in Great Britain must insure against liability for bodily injury or disease sustained by its employees in the course of their employment.

If the employer is insolvent, for example because it is in administration or is being wound up, the Third Parties (Rights against Insurers) Act 2010 transfers its rights under the insurance policy to the person it injured, so you can pursue the insurer. If the company has been dissolved, see our guide to claims against a dissolved company.

If several employers exposed you, each may be relevant. Section 3 of the Compensation Act 2006 makes a negligent employer liable for the whole of the damage in mesothelioma cases, but it is written for mesothelioma only. Ask your solicitor how exposure with different employers is treated in an asbestosis claim.

Evidence that supports an asbestosis claim

• Medical evidence: your diagnosis and specialist reports, along with your GP and hospital records.
• Your work history: HMRC can give you a record of your employment history for a compensation claim. The current and past five years are available through your personal tax account or the HMRC app, and a paper application form covers any year.
• How you were exposed: the jobs you did, the materials you handled or worked near, how often, and whether you had masks, ventilation or warnings. Former colleagues can confirm this.
• Insurance searches: the pre-action protocol expects copies of searches of the Employers' Liability Tracing Office (ELTO) to be attached to the letter of claim.
• The employer's records: occupational and health records should be provided within 40 days of a request, at no cost.

How the claim works in England and Wales

Asbestosis claims follow the Pre-Action Protocol for Disease and Illness Claims, which applies to personal injury claims where the injury takes the form of an illness or disease rather than an accident. In outline:

1. Your solicitor can request your occupational and health records, which should arrive within 40 days.
2. A letter of claim sets out the facts, the disease, the main allegations of fault, your present condition and your employment history, including an HMRC work history.
3. The employer or insurer should acknowledge it within 21 days, and identify any other insurers within 30 days of that acknowledgement.
4. They should give a reasoned answer within 90 days of the acknowledgement.
5. Court proceedings should not be issued until 90 days after the acknowledgement, unless a limitation problem makes an earlier start necessary.

Asbestos exposure can cause more than one disease over time, so provisional damages can matter. Under section 32A of the Senior Courts Act 1981, where there is a chance that you will develop a serious disease in the future as a result of the act or omission behind the claim, the court can award damages now on the assumption that you will not, and further damages later if you do.

Industrial Injuries Disablement Benefit and 1979 Act lump sums

GOV.UK lists pneumoconiosis (including silicosis and asbestosis) among the diseases covered by Industrial Injuries Disablement Benefit (IIDB). For pneumoconiosis the prescribed occupations include any occupation involving the working or handling of asbestos, the manufacture or repair of asbestos textiles or other articles, and substantial exposure to the dust from those operations. You cannot claim IIDB if you were self-employed.

The Pneumoconiosis etc. (Workers' Compensation) Act 1979 pays a government lump sum to people disabled by pneumoconiosis and certain other diseases. For this purpose pneumoconiosis means fibrosis of the lungs due to silica dust, asbestos dust or other dust, and the IIAC describes asbestosis as fibrosis or scarring caused by inhaled asbestos. The conditions are that disablement benefit is payable for the disease (or would be, but for the level of disablement), every relevant employer has ceased to carry on business, and you have not brought an action or settled a claim for damages. Dependants can claim in some cases.

The Compensation Recovery Unit recovers social security benefits in certain compensation cases, so benefits and a later award interact. Our guide to compensation recovery and benefits explains how.

Claims after a death

A claim can still be made after someone dies with asbestosis. Under the Law Reform (Miscellaneous Provisions) Act 1934, causes of action vested in the person who died survive for the benefit of their estate. Under the Fatal Accidents Act 1976, the dependants of a person whose death was caused by a wrongful act, neglect or default can claim where the person could have claimed had they lived.

In England and Wales, a dependants' claim must be brought within three years of the date of death or the date of knowledge of the person bringing it, whichever is later. If the person who died was still within their own time limit, the estate's claim has three years from the date of death or the personal representative's knowledge, whichever is later. Our fatal accident claims guide and inquest guide cover the wider process.

Time limits

In England and Wales the basic period is three years from when the cause of action accrued or, if later, your date of knowledge: the date you first knew the injury was significant, that it was attributable to the act or omission alleged to be negligent, and who the defendant was. Knowledge includes what you might reasonably have found out, including with medical advice it was reasonable to seek. A court can let a claim proceed after the period if it would be equitable.

Scotland and Northern Ireland also use three-year periods with a knowledge test. The Scottish 2009 Act and the Northern Ireland 2011 Act also confirm that asbestosis is an actionable injury even where it is not causing physical impairment.

Frequently asked questions

Related guides: asbestos and mesothelioma claims, pleural plaques compensation, silicosis claims, industrial disease claims, occupational cancer claims and all claim types.

Official sources used for this guide: HSE: asbestos FAQs; GOV.UK: IIDB eligibility; Pre-Action Protocol for Disease and Illness Claims; Pneumoconiosis etc. (Workers' Compensation) Act 1979, s.2; Third Parties (Rights against Insurers) Act 2010, s.1; Limitation Act 1980, s.14; Senior Courts Act 1981, s.32A. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.