|
In asbestos related
disease
compensation claims different types of claims can be
made depending on the circumstances of the person making
the claim. Read our
asbestos
compensation case studies to find out more.
A person who is
claiming for
pleural thickening or
asbestosis may wish
to settle his or her case on a provisional damages
basis. This means that they receive an immediate
payment of compensation, however if in the future the
respiratory disease caused by the asbestos exposure
significantly deteriorates, they can re-open their claim
and claim a second sum of compensation from the same
defendant.
Read more about the
law relating to the control of hazardous substances
at work
The sum of compensation for the provisional award is
less than if the claim was settled on a full and final
basis because of the person’s entitlement to re-start
the claim at a later date if there is a significant
deterioration in the asbestos related disease. An
asbestos victim who is claiming for pleural
thickening or asbestosis can seek an award of damages on
a full and final basis.
This means that once his claim is settled it will not
be possible for him or her to make a new claim for
compensation if there is a deterioration in the pleural
thickening or asbestosis.
The award of compensation for the full and
final settlement of the claim will be a larger sum of
compensation compared with the sum of damages if the
settlement had been on a provisional basis.
In the event of the asbestos victim unfortunately
dying before the compensation claim has settled, then
the claim can be continued on behalf of the deceased
person’s estate and any dependants of the deceased.
Claims of this type are made under the Law Reform
(Miscellaneous Provisions) Act 1934 and the Fatal
Accidents Act 1976.
A compensation claim can be made by a person who has
suffered a lung
disease caused by asbestos or if the asbestos victim
has unfortunately died, the estate and/or dependents of
the deceased victim may be able to pursue a claim.
Sadly, each year in the UK thousands of people die
from diseases such as
mesothelioma
caused by asbestos dust. There is no cure for
asbestos lung diseases. In order to be able to make a
claim at law for compensation there must be a company or
insurers against whom the claim can be made.
In a common law claim the person making the claim is
enforcing their right to compensation because a company
or person has been in breach of its duties owed at law,
and as a consequence of the breach they have suffered a
personal injury and/or financial losses.
Therefore the person making the
compensation claim must be able to provide details
of the place where the asbestos was when they breathed
in the asbestos dust, or the machinery, or material or
components that contained the asbestos.
For example, if they worked with asbestos rope then
details are required of the name of the employer for
whom they worked at the time. Similarly, if they worked
in a factory using machinery that had parts made of
asbestos components, then details of the name of the
factory.
It does not matter if the building where the asbestos
was has changed since the date when it had asbestos, or
if the company, firm or organisation has closed or
changed ownership.
It may still be possible to recover compensation if
the public liability insurers or employers liability
insurers can be traced. For example, the Association of
British Insurers may be able to supply information about
the insurers even though the exposure to asbestos
occurred many years ago
If your employer has failed to prevent or
safeguard against your injuries then you may be entitled
to make a claim.
|
