Mesothelioma Compensation for Family Members in the UK

Mesothelioma Compensation Claims

Contact our team if you wish to instruct a specialist mesothelioma compensation solicitor. Our senior solicitor, Mr Ronnie Hutcheon, offers a personal and friendly advice line for all family members affected.

Family members can consider taking out power of attorney solicitors so that decisions about the affected person can be made while they are well and able to. Such decisions can be financial, such as paying bills, dealing with pension payments and the bank, or health matters, like decisions of where the affected person would like to be treated, such as at home, hospital, or hospice.

Please scroll down this page for a list of compensation payouts for mesothelioma in the UK. However, it is important that you read this comprehensive guide to making a claim for mesothelioma. Various factors can affect the amount of compensation payable, and every case is decided on its own particular facts.

Who Can Claim? — Why Appoint Solicitor Urgently? — UK Payout Examples — How Long to Claim?

Background for Families — Guide to Claim for Families — What is Mesothelioma? — Symptoms

Treatment — Johnson & Johnson Scandal — Video Answering 5 Common Questions — FAQs

Who Can Make a Claim for Mesothelioma Compensation?

People diagnosed with mesothelioma after workplace exposure to asbestos can claim compensation. The claim will be made against the employer responsible for the illness. Common industries where mesothelioma can develop include construction, manufacturing, shipbuilding, mining and more. Symptoms generally don’t appear until several years after exposure. If the employer cannot be traced, the government operates a Diffuse Mesothelioma Payment Scheme, which offers financial support.

Family members can also make mesothelioma claims on behalf of the victim if they cannot themselves due to their illness or if they have passed. Other situations where someone may develop the disease and be eligible for compensation include family members with secondhand exposure, residents living near asbestos-related facilities, consumer products containing asbestos, and more. If you relied on the financial support or services of someone who has died from the disease, you could be entitled to dependency compensation.

Why It’s Important to Appoint a Solicitor Urgently

Solicitors specialising in mesothelioma compensation claims must be instructed immediately following diagnosis or upon suspicion that all is not right and there is a possible connection between exposure to dust at work and ill health.

Even though the courts have an accelerated procedure, if a client has been diagnosed with the disease, many mesothelioma clients do not live to see the outcome of the court case. However, the solicitors can obtain the necessary evidence to support a claim by taking action as early as possible. Without the correct information, the case may fail or be difficult to prove when death occurs following a mesothelioma diagnosis.

In addition, the claimant will be comforted that he or she has done the best they can to make a claim at court for mesothelioma so that they can provide financial support for their family members following death via the compensation payout.

The importance of instructing a solicitor early is because:

Preservation of evidence
Obtaining from the client a fully signed witness statement
Checking to see if any witnesses/former work colleagues can support the alleged working conditions
Obtaining the best possible medical support and diagnosis
There is a three-year limitation period to make a claim
Help and legal support
Expedited court procedure to take court action and obtain mesothelioma compensation
Ensure affairs are kept in order
Wills and probate to consider early to protect loved ones
Help provide for compensation payments following death
Knowing who will receive the mesothelioma payouts.
Reassurance that everything possible is being done to prove a claim

Examples of UK Payouts for Mesothelioma Compensation

Mesothelioma compensation amounts can vary, but the below UK examples provide a rough estimate of how much may be awarded.

Eric Ward, the Widower and Executor of the Estate of Valerie Ward v RWE Npower PLC and Associated Electrical Industries Ltd [2012] – £113,000 (80 years old)
Baker v Tate & Lyle PLC [2012] – £205,000
Ball v Secretary of State for Energy and Climate Change [2012] – £73,980/ £58,920.38 (pain and suffering)
McCarn v Secretary of State 2014 – £35,000
Knauer v Ministry of Justice [2014] – £642.972.51
Zambarda v Shipbreaking (Queenborough) Ltd. Total Award – £98,723
Wolff v John Moulds (Kilmarnock) Ltd 2012 – £104,500
McGregor v Genco (FC) Ltd [2014] – £135,000
International Energy Group Ltd v Zurich Insurance plc UK Branch – £250,000
Passmore v Evan Cook Ltd 2012 – £192,437

How Long You Have to Make a Mesothelioma Claim

The UK has a 3-year limitation period for personal injury claims, including industrial diseases such as mesothelioma. This limitation means that claims must be made within three years, or you may not claim compensation. The period starts from the date of mesothelioma diagnosis or when a person has died from the disease. There are some circumstances where the timeframe may differ, so it’s essential to seek advice from a solicitor. You should start your compensation claim as soon as possible to give your solicitors the best chance of building a solid case.

A recent court ruling in Scotland may significantly impact how long someone has to make a mesothelioma claim. One of the issues with mesothelioma and other asbestos-related conditions is that a diagnosis can take several years to formulate, and the source of the disease isn’t easy to identify at that point. The Prescription & Limitation (Scotland) Act 1973 prevents people from claiming after three years if they develop a new condition from the same exposure. Under the act, the court must decide when it was reasonably practical for the claimant to be aware of their condition, the cause and the potential of a claim. The recent court ruling involves Mr Kelman, who was diagnosed with pleural plaques in 1999 and mesothelioma in 2019. The court ruled that while Mr Kelman was aware of his diagnosis in 1999, he was not aware that it was significant enough to justify making a claim and therefore was not reasonably expected to claim at that time. For the relevant act in Scotland, this ruling offers the view that the limitation has not started if the claimant did not reasonably know they could justify a claim despite receiving a diagnosis.

Background on Mesothelioma for Families

The three leading causes of death for an asbestos-related condition due to work in the United Kingdom are:

Mesothelioma
Asbestos-related lung cancer
Asbestosis

The majority of mesothelioma cases affect the lungs. In cases of asbestos-related lung cancer, the fibres from asbestos become lodged in the lung tissue, causing irritation and scarring over time. This irritation and scarring can then also develop into tumours. But in the case of malignant mesothelioma, the asbestos fibres scar and lead to tumours in the lining of the lungs (the mesothelium).

According to the Health and Safety Executive, research concerning asbestos-related deaths reported around 2,500 deaths resulting from asbestos-related mesothelioma in 2015. Such deaths are recorded as the inhalation of asbestos fibres that can cause cancer such as mesothelioma, lung cancer, asbestosis and pleural thickening.

Guide to Families Making a Claim

We are experienced in dealing with all asbestos-related compensation claims. Dealing with mesothelioma cases requires legal expertise, empathy, and compassion for the client and their family. We are here to help you every step and will ensure that expert advice and legal and medical support will be available to investigate every claim. We promise to do everything we can to help and support you.

We have put together a collation of frequently asked questions for family members of the deceased who have lost their loved one due to contracting mesothelioma. We trust that this guide will help you make decisions about the best way forward, but if there is something you are unsure of, please contact our helpline for private and confidential expert advice. If you are directly affected by exposure to asbestos dust at the workplace or are a family member making enquiries, please do not hesitate to contact us regarding any asbestos-related condition.

What is Mesothelioma?

Mesothelioma is a rare form of lung cancer in persons exposed to asbestos, with an annual incidence of around one per million. It is often an occupational disease resulting from exposure to asbestos in the workplace. Occasionally, cases unrelated to asbestos exposure can occur. When there is a history of past asbestos exposure, the balance of probabilities strongly favours the exposure as being responsible for mesothelioma, which occurs subsequently. Mesothelioma can occur after low-level asbestos exposure and there is no threshold dose of asbestos below which there is no risk. However, the chance that mesothelioma will occur increases in proportion to the amount of asbestos received and successive periods of exposure each augment the risk that mesothelioma will occur.

Globally, numerous cases of mesothelioma cases are still linked to asbestos-related occupations. Today, work-related mesothelioma compensation payouts are expected. There are approximately 2500 occupational deaths in the UK every year. Regrettably, once a worker has been diagnosed by a chest physician with the disease, there may be only months to live. Death inevitability follows quickly and there is usually a rapid deterioration in health. By the time the diagnosis is made, and when the worker or their family instruct an asbestos solicitor to take court action, the victim has usually died or is very unwell.

Malignant mesothelioma is a type of cancer that affects the external lining of the lung (the pleura) and can also occur in the lining of the lower digestive tract (the peritoneum), the pericardium and around the testes. Once asbestos is ingested, these fibres go straight into the peritoneal membrane from the digestive organs. They may travel to the peritoneal membrane through the lymphatic system. Upon entry into the peritoneal layers, asbestos fibres get trapped and begin to cause changes in mesothelial cells. These changes lead to irritation and inflammation in the cells. Researchers are uncertain as to how asbestos fibres cause these changes but firmly believe that such changes are directly responsible for cancer development.

There is, on average, a long latent interval between first exposure to asbestos and the onset of clinical manifestations of mesothelioma, more than 30 years in most series. Still, the range of intervals is extensive, extending to ten years and perhaps less in rare cases, and upwards with no upper limit. The latent interval between first exposure and the onset of clinical manifestations should not be confused with the interval between the commencement of growth of the tumour and the beginning of clinical manifestations. The latter period is usually much shorter than the former because the mesothelioma does not start to grow as soon as the first fibres are inhaled. After years, repeated interactions between asbestos fibres and mesothelial cells occur, eventually resulting in the malignant transformation of a mesothelioma cell. It is at this point that the tumour starts to grow.

Symptoms of Mesothelioma

The first signs of mesothelioma are often unclear and similar to other conditions. It is advised that concerned persons see a qualified medical practitioner. Diagnosis may take some time since symptoms may appear and disappear, and more common possible conditions are most likely to be investigated first. It is essential to inform your doctor if you may have been exposed to asbestos at some point in the past. Symptoms manifest based on where the mesothelioma has developed.

Pleural mesothelioma may cause:

Shortness of breath (breathlessness) – This is a very common symptom and usually feels worse with activity or when you are lying down. Breathlessness is often caused by pleural effusion (a fluid build-up in the chest).
Pain can occur in the shoulder, chest or ribs – The pain may sometimes be sharp and stabbing and can be worsened by breathing in deeply. Sometimes, the pain may be dull and persistent. Patients may also experience changes in skin sensation or develop sensitivity to touch.

Some people experience other symptoms such as:

Loss of appetite with weight loss
Loss of muscle bulk and loss of energy
A persistent cough or a change in coughing pattern
Night sweats

It is also important to note that peritoneal mesothelioma can cause:

Abdominal pain
Swollen abdomen
Poor appetite
Nausea and vomiting
Night sweats or fever
Bowel or urinary problems

Treatment of Mesothelioma

There are now various current developments and symptom-management methods that are employed to help improve the outlook for patients with pleural mesothelioma. Your doctor will enlighten you on the different treatment options and suggest which treatments may suit you better and probably offer you the best outcome. So far, there is no known cure for mesothelioma, however patients are assessed and cared for via a patient-centred care plan. Treatment will depend on the type of mesothelioma, the stage of the disease, and the general health standard or status of the patient.

Treatment options may include:

1. Surgery

For many patients with pleural mesothelioma, the role of surgery is for pain and symptom relief. However, more radical treatment may be made available to a small number of patients at the time of diagnosis. Varying forms of mesothelioma surgery exist, and they are aimed to reduce the burden on the lungs and improve respiration, thereby lengthening survival and extending the period of disease-free living. Other surgeries also aim to relieve disease symptoms that can be debilitating and interfere significantly with the patient’s quality of life. Due to its nature, surgery is not usually a likely option for mesothelioma since diagnosis is made in the advanced stage of the disease. However, sometimes surgery removes as much cancer as possible and is often followed by chemotherapy and/or radiation.

2. Chemotherapy

In chemotherapy, anti-cancer drugs are employed to control the growth of cancerous cells while doing at the same time the least possible damage to non-cancerous cells. For many patients battling pleural mesothelioma, the only treatment option usually offered is systemic chemotherapy. Although it has not been proven that chemotherapy treatments are curative in pleural mesothelioma cases, they are most valuable for pain relief and symptom management, which has significantly improved a patient’s survival rate.

3. Radiotherapy

By utilising high-energy ionising radiation, radiation therapy is aimed at killing and controlling the development of cancer cells within a specific area. Like chemotherapy, radiotherapy is mainly administered for pain relief and symptom management.

4. Palliative Care

By adopting an integrated approach to the patient’s emotional, social, physical, psychological and spiritual needs, palliative care offers a comprehensive patient-centred care model. In making adjustments to support patients, families may need to make some required lifestyle changes, and palliative care provides families with the support they need to make such adjustments. At the time of diagnosis, patients need to be referred to a palliative care team to facilitate good symptom management and to develop a rapport with the team.

The Johnson & Johnson Scandal

One of the most prominent controversial cases surrounding mesothelioma involves Johnson & Johnson. This multinational corporation is known for developing household goods, medical devices and pharmaceuticals but also has a dark past. Some of the brand’s products include baby powder, and there is a long history dating back decades of Johnson & Johnson selling these products containing asbestos fibres. In 2018, an investigative report by Reuters revealed that Johnson & Johnson was aware that talc products tested between 1971 to the early 2000s contained asbestos, and they withheld information from regulators and the public. Instead, the product’s popularity meant that Johnson & Johnson doubled down on their marketing efforts. The company has stated that if it knew about asbestos contamination, it was unaware of the associated health risks.

Thousands of mesothelioma victims and other asbestos-related conditions have come forward, claiming the baby powder caused their illness. One of the first lawsuits was filed in 1999, but she was forced to drop the lawsuit because of a lack of evidence. In recent years, there has been a surge in lawsuits filed against Johnson & Johnson, with more than 40,000. The reasons cited include everything from diseases like mesothelioma and ovarian cancer to targeted, harmful ads.

One of the first successful mesothelioma lawsuits happened in 2018 when the company was ordered to pay $37 million in compensatory damages and $80 million in punitive damages to a New Jersey couple. Johnson & Johnson continues to fight the mesothelioma claims made against them, and sometimes they have been successful in quashing a verdict or reducing the payout, while in other cases, they have been less successful with their appeals. Most recently, the company has attempted to resolve the lawsuits by filing for bankruptcy, but they have failed twice.

This shocking case is a prime example of a colossal brand being implicated in the mesothelioma scandal, highlighting how many people have been affected by asbestos and the need for compensation.

Video Answering the 5 Most Common Questions

Further in this guide, we have provided a comprehensive and detailed top 20 questions and answers for families with mesothelioma diagnoses. However, we have compiled a video of the top 5 questions answered on mesothelioma to offer a quick guide.

20 Mesothelioma Questions

After 30 years of representing families affected by the dangers of asbestos dust at work, we have put together a list of the most common 20 questions asked by family members who are enquiring about making a mesothelioma compensation claim. However, the guidance applies to all asbestos claims and is therefore not limited to mesothelioma.

1. Which Family Member Can Claim Compensation?

2. What If There Is No Surviving Partner?

3. What Happens If There Is A Will?

4. I’m Not A Partner, Child or Beneficiary In A Will, What Next?

5. Who Can Be A Dependent Of The Deceased?

6. Do You Have A List of Dependants Who Can Claim?

7. What Compensation for Mesothelioma Can Be Claimed?

8. How Much Compensation will I receive for a Mesothelioma Claim?

9. Any Examples of Compensation for Mesothelioma?

10. What if the Employers Are No Longer Trading?

11. Is There A Time Limit To Make A Claim?

12. What If, Despite All Attempts, The Employers Cannot Be Found?

13. What is the Diffuse Mesothelioma Compensation Scheme?

14. What Are The Common Occupations Causing Mesothelioma?

15. Do You Undertake No Win, No Fee, Service?

16. I’ve Been Told I Need A Grant Of Probate, What Does This Mean?

17. Who Can Claim For A Bereavement Award?

18. I Have Worked With Asbestos, Am I At Risk?

19. Can Smoking Prevent A Mesothelioma Compensation Claim?

20. What Are The Other Asbestos Diseases?

1. Which Family Member Can Claim Compensation?

The deceased’s ‘next of kin’ is usually the main person entitled to bring a claim for compensation following the death of their loved one due to an asbestos-related condition such as mesothelioma. Therefore, the person who usually can bring a claim is the deceased’s partner, such as the wife or husband.

2. What If There Is No Surviving Partner?

If there is no ‘next of kin’ or surviving partner and no will left by the deceased, the intestacy law will decide who will be entitled. In general terms, this will usually be the children of the deceased.

3. What Happens If There Is A Will?

If a will is left by the deceased, it will provide details of who is the beneficiary of that will. There can be more than one beneficiary. Usually, it is the spouse or children of the deceased who will be the beneficiary and executor. An executor is responsible for looking after the deceased’s estate, in other words, the finances, bank accounts and property owned by the deceased.

4. I’m Not A Partner, Child or Beneficiary In A Will, What Next?

If you are a brother or sister of the deceased, you may be entitled. However, you need to take legal advice on this. Also, even if you do not fit in with any of the criteria mentioned in the above questions, you may still be able to claim compensation under the Fatal Accident Act 1976 as a dependent of the deceased.

5. Who Can Be A Dependent Of The Deceased?

The short answer is that there can be many people, including and excluding family members. The main point is that the ‘dependent’ must have been reliant upon the deceased before death or had a reasonable expectation that the deceased would have provided for them. This can be financial support, for instance, before death, the deceased provided financial support to the dependent or cared for the dependent, so it does not have to be in money to make a claim.

6. Do You Have A List of Dependants Who Can Claim?

Below is a list of possible dependents who may have been financially dependent upon the deceased and/or received some form of care or ‘services’ from the deceased before death and that financial or service was likely to continue. You may also be a dependant if you had a reasonable expectation that the deceased would have provided for you had he/she not died.

Possible dependents:

The wife or husband or former wife or husband of the deceased.
The civil partner or former civil partner of the deceased.
A person living in the same household as the deceased at least two years before death as spouse or civil partner.
Any parent or other ascendant of the deceased.
Any person treated by the deceased as his parent.
Any child or other descendant of the deceased.
Any person treated as a child of the deceased in any marriage or civil partnership.
Any brother, sister, uncle or aunt, or their children of the deceased.

7. What Compensation for Mesothelioma Can Be Claimed?

The claim can be broken down into two. The first would be for compensation on behalf of the deceased’s estate. The bulk of the claim for compensation for the estate in mesothelioma cases is the pain and suffering the deceased had to endure before death, this is the ‘personal injury’ claim plus a return for reasonable funeral expenses. The Estate Claim is made under the Law Reform Miscellaneous Provisions Act 1934. In addition, the dependents can claim under the Fatal Accidents Act 1976 for their financial dependency and lost services such as care provided by the deceased before death.

8. How Much Compensation Will I Receive for a Mesothelioma Claim?

The mesothelioma compensation amounts are dependent upon particular facts of the case. In respect for the pain and suffering by the deceased prior to death. Generally speaking, the greater the duration of suffering by this disease the greater the compensation payment. There are decided case law that the courts will look to when deciding on the amount of compensation payable to the family. Again speaking in general terms mesothelioma claims have a range between £50,000 to £100.000 or more. In addition to this will be the funeral expenses and the dependency claim which can also attract a large amount of compensation.

9. Any Examples of Compensation for Mesothelioma?

Yes there are many, several examples are provided on our fatal accident website, Asbestos Compensation After Death.

Below are more examples of mesothelioma compensation payouts in genuine cases where a person has died due to the disease.

Zambarda v Shipbreaking (Queenborough) Ltd. Total Award: £98,723 (75 years)

Past care and assistance £4,406
Past case management £3,674
Inability to provide services to others £3,656
Miscellaneous expenses £750
Bereavement damages £11,907
Funeral expenses £3,801
Loss of dependency on Income (past and future) £70,529
Overall total compensation payment: £98,723

McGregor v Genco (FC) Ltd [2014] £135,000
The claimant’s was aged 58, developed she malignant mesothelioma of the pleura. She began suffering with symptoms of mesothelioma in May 2012 with shortness of breath and lethargy and was diagnosed in August. The prognosis was poor. The total mesothelioma compensation payout awarded was £135,000.

10. What if the Employers Are No Longer Trading?

A claim for mesothelioma for the family following death is made against the insurance company of where the Deceased worked that is said to have exposed him/her to the asbestos dust. It is not unusual for many of the employers of the Deceased are no longer trading or cannot be found. As specialist solicitors in this area, we have many years of experience and resources to help trace and find the insurance company (the ‘Employer’s Liability Insurers’). One tool to help is the Employer’s Liability Tracing Tool

In addition if the family are not too sure where the Deceased worked or remember the dates of employment a search can be made for all of the employers the deceased had worked with when he/she made National Insurance Contributions. The Government hold records back to the early 1960’s, to find out how to trace previous employers of the deceased a proof of employment form can be completed on the Government Web site.

Therefore if you are unsure, this should not put you off, we can help you with the relevant searches to establish where the Deceased worked and trace the Employers Liability Insurers who ultimately are responsible to pay out the compensation to family members due to mesothelioma at work.

If more than one employer exposed the deceased to asbestos dust but one or more are not longer traceable or their insurers cannot be found again this will not be an end to the claim. The current science behind exposure to asbestos is that if there is more than one employer who is to blame, it is not always possible to determine,their proportion of fault. Following some case law that proved to be helpful, Fairchild v Gelenheaven Funeral Services [2002 ], a law was passed under s 3 of the Compensation Act 2006 where if there were multi-employers who exposed the deceased to asbestos dust, but only one could be found, that one employer would be liable for all of the claim for compensation. The contribution from each employer was indivisible.

However families must remember that s 3 of the Compensation Act 2006 only helps workers who have died from mesothelioma, not from any other asbestos related illness.

11. Is There A Time Limit To Make A Claim?

Yes, court proceedings must be taken within three years from when the deceased knew or suspected that the work place exposed him/her to dangerous levels of asbestos. If the death has occurred court proceedings must be issued within three years from the date of death. These periods may be extended if it is just and fair to do under section 33 of the Limitation Act. However, if you suspect that exposure to asbestos has caused harm you must not delay as the Employer’s Insurers will not hesitate to strike out the asbestos claim for undue delay.

12. What If, Despite All Attempts The Employers Cannot Be Found?

A Government Scheme has been set up to compensation victims of mesothelioma if diagnosed after July 2012 with a claimed average payout to family members of between £115,000 to £123,000 plus a contribution towards legal costs.

13. What is the Diffuse Mesothelioma Compensation Scheme?

Affected family members my claim themselves free of charge or can use a Solicitor specialising in mesothelioma and asbestos related conditions. Be careful about who you instruct, there are company websites that look like solicitors but are Claim Management Companies. Look who regulates the company, Solicitors are regulated by the Solicitors Regulation Authority whilst the Claim Management Companies are Regulated by the Ministry of Justice. They are completely different.

For information about how to claim under the Diffuse Mesothelioma Payments Scheme (DMPS).

Under DMPS a claim must be brought if the Deceased’s employer or their insurer cannot be traced and so it is a compensation scheme of last resort. You or you solicitor will have to show you have made all reasonable enquiries to trace the relevant employers and insurers but have failed to locate them.

14. What Are The Common Occupations Causing Mesothelioma?

Due to the wide array of asbestos’ uses, it is thought that anyone could be exposed to the harmful fibres in buildings which it was used. However primarily, the people who have the highest risk of developing an asbestos related disease are as follows:
• Shipbuilders;
• Construction Workers;
• Carpenters;
• Boilermakers;
• Joiners;
• Electricians;
• Plasterers;
• Roofers;
• Plumbers

This list in not exhaustive, for instance teachers and pupils may be exposed due to working in old Schools where asbestos still remains even today. Also there is case law where a family member, usually the wife of the deceased.

15. Do You Undertake No Win, No Fee, Service?

Yes we offer a No Win, No Fee, No Worry Service, for all families affected by the loss of a loved one due to a death caused by exposure to asbestos dust resulting in a mesothelioma condition. Family members need not worry about money when instructing our firm, if for any reason the case is lost or withdrawn with our agreement no legal cost will be payable by the family. Therefore nothing should hold you back to make that call to our friendly team of lawyers who are here to help you and the family in this most difficult time.

16. I’ve Been Told I Need A Grant Of Probate, What Does This Mean?

A grant of probate is required to show to the Court that the ‘next of kin’ see Question 1 above, has the ‘legal authority’ to deal with all the legal affairs and finances of the Deceased’s estate. We will act for you to sort out the paper-work necessary to help you with obtaining a grant of probate. More information can be obtained by clicking on this link: Grant of Probate.

You may also wish to take out a power of attorney after diagnosis of mesothelioma to make important decisions whilst the person is alive about financial and or medical decisions.

17. Who Can Claim For A Bereavement Award?

Following the death of a loved one due to the negligent exposure of asbestos dust at work causing mesothelioma, a limited class of family members can claim a bereavement award. It is quite restrictive. The bereavement award is payable under the Fatal Accidents Act 1976, it is a statutory compensation payment of £12,980.

There are only a limited class of people who can claim for bereavement compensation award in a civil claim set out under the Fatal Accidents Act 1976 as follows:

Surviving spouse
Surviving civil partner
Parents (if the child was under 18)
Unmarried couples? (living together as husband and wife/same sex couple for at least two years prior to death.

18. I Have Worked With Asbestos, Am I At Risk?

Many people who have been exposed my not show any symptoms and will live a normal life. However it depends often on the volume and type of asbestos at the work place. The problem with exposure to asbestos dust at work is that from first exposure until any symptoms develop can take years, 10 or 20 years are not uncommon. Guidance about symptoms can be viewed on the NHS Asbestosis website.

19. Can Smoking Prevent A Mesothelioma Compensation Claim?

The short answer is no, smoking does not cause mesothelioma. However with other asbestos conditions it has proven to be more complex compared with a person who has not smoked when the Court considers ’cause and effect’.

Other asbestos conditions such as asbestos related lung cancer that affects the lining of the lungs if the deceased was exposed to asbestos and smoked they are at a much greater risk of developing lung cancer. If that was the case it does not bar making a claim. Often the courts will lower the compensation award to the family to reflect the probability that the deceased may have developed a type of lung cancer without exposure to asbestos.

In the case of Heneghan v Manchester Dry Docs Ltd a Court of Appeal where there were several employers who exposed the deceased (who was a smoker) to asbestos dust, the Court concluded that all of them materially contributed to the risk of him contracting lung cancer, but the evidence did not indicate that any one of the employers alone had doubled his risk. The court therefore found that all of his employers should make a contribution towards his compensation in proportion of blame.

20. What Are The Other Asbestos Diseases?

In addition to mesothelioma, the most other common asbestos related conditions are:

Asbestos related lung cancer, asbestosis and a condition called pleural thickening.