Trade union members and individuals who were members of a trade Union at the time they were exposed to asbestos, but are no longer a union member, may still be entitled to free union legal services. The right to free legal support from trade unions may also apply to claims made by the families of union members.
Here are 5 vital points to consider when making claim:
1 Timing. If you have an asbestos-related condition seek legal advice promptly – there are time limits on making a claim. If you or someone in your family is a member of a trade union, use the union’s legal scheme.
2 Where did the exposure to asbestos occur? It’s important to think back to the time, or times, possibly long ago, when you believe the asbestos exposure took place. In some cases it will be obvious, in others it may only be possible to identify when and where it happened by speaking to a specialist lawyer.
3 Liability. Your employer had a duty to protect you from exposure to asbestos at work.
Even if that employer no longer exists it may still be possible pursue a claim if the employer’s insurers can be traced. If you were exposed you to asbestos by many employers it is not necessary to bring a claim against all of them. Even if it is only possible to trace one employer or its insurer this may be sufficient for your claim to succeed.
4 Compensation. The aim of any specialist lawyer should be to obtain the best possible level of compensation in the shortest possible time. The amount of compensation is different in every case and depends on a number of factors including the extent of the pain, suffering and disability as well as the amount of any past and future financial losses. Many mesothelioma sufferers have achieved compensation within their lifetime because their solicitors pursued the claim through the fast track procedure in the Royal Courts of Justice.
The fast track procedure means that in certain circumstances mesothelioma claims can take between 6 to 9 months and sometimes less.
The Royal Courts of Justice fast track procedure is designed to:
- give priority in the judicial system to mesothelioma cases
- ensure that employers/insurers do not delay claims
- enter judgment against employers/insurers unless there is a very good reason not to
- narrow the issues as quickly as possible to what is really relevant; and
- obtain immediate substantial interim payments of compensation
5 State Benefit claims. Everyone diagnosed with mesothelioma since 2008 is entitled to an up front lump sum benefit payment either under the Pneumoconiosis (Workers Compensation) Act 1979 or the Diffuse Mesothelioma Scheme 2008 and may be entitled to industrial injuries disablement benefit and/or other state benefits.
Ian McFall Head of Asbestos Department Thompsons Solicitors
