Asbestosis Claims explained

It is a chronic scarring and inflammatory disease that affects the tissue of lungs. Symptoms of asbestosis are shortness of breath with increased risk of cancers including lung cancer and mesothelioma. It is considered as an occupational hazard caused by the mineral fiber named asbestos. Exposure to asbestos causes such fatal illnesses.
Legality
Asbestos is banned in many countries. But still, there are companies who are using it illegally due to its rich properties. Hence fatal diseases such as asbestosis and Mesothelioma caused due to exposure to asbestos is considered as a legal case and questionable against the company or the employer. Manufacturers and business men who deal with asbestos know that inhalation of asbestos fibers is fatal. But still, there are thousands of unsuspecting workers who are being exposed to this dangerous carcinogen. Their families are also affected when these workers bring asbestos fibers home without knowing its fatal effects. For many years, manufacturers considered profit above the worker’s health which questioned their legality. People working in the below occupations are exposed to asbestos:
Workers of nuclear missiles and aeronautics
Those working in the automobile manufacturing industry including spare parts
The chemical industry which may include paints, dyes, sprays etc.
Construction site workers
Electrical works including fitters and welders
Lab technicians who use chemicals with asbestos compounds
Workers in refineries
The above are a few industries where asbestosis is considered an occupational hazard.

Claims

1. Compensation for asbestosis can be claimed by you or your family member if exposed to asbestos at workplace or due to working conditions.
2. Claims are also considered if you were exposed to the fibers of asbestos while not at work or in a workplace, for instance, from exposure to asbestos fibers on clothes of a working member of the family or if you live near the factory which uses asbestos regularly.
3. If the employer is out of business or is no longer running the factories the claim is still valid through insurance companies which provided the insurance during exposure while the company was operating. In many compensation cases, the company is restored or compensation is claimed under the government schemes.

Documentation

In order to claim a compensation for asbestosis, there are certain documents to be submitted to the court. These act as witnesses for your claims. Such paperwork includes: A medical report by an expert in respiratory disease will be needed, to prove that you are suffering from an Asbestos-related disease. Establishing that the disease was caused by exposure to asbestos from a particular source, namely your employer. This can be done by producing evidence to show that you suffered from Asbestos exposure and the years when it occurred. Do you need legal advice? - Citizens Advice

Many employers have known of the dangers of exposure to asbestos for more than 50 years. You will need to show that your employer could have foreseen that at the time of the exposure you could suffer an Asbestos-related disease. Establishing that your exposure to Asbestos was caused by your employers’ negligence. Many employers did nothing to warn their employees or to protect them from the dangers.

Bankruptcies

Due to the ban on asbestos, many companies have gone bankrupt and when the disease from asbestos was considered for legal claims it became an added financial burden to manufacturers. There are a lot of trusts created in order to claim for asbestos enhanced losses from the government though such claims are very few. The majority of the asbestos bankruptcy plans involve a settlement trust that processes asbestos personal injury claims and disburses compensation. The companies which manufacture the products in the various industries as mentioned under the sub heading legality have undergone bankruptcies due to the ill effects of asbestos. Though some were aware of its effects, a few were less knowledgeable about asbestos and its fatal outcome both on employees and their families. Many manufacturers locked out their factories as part of showing humanity while some had to close without being able to manage finances. In both cases, insurances could not be claimed as the government brought in tight regulations by banning asbestos as a fatal component. So they had to declare themselves as bankrupt and any expected claim which is very little needs to be fought in court through expert solicitors who could win some claim and can work on a no-win no-fee basis considering the losses of their clients.

Asbestos Specialist

Many employers have known of the dangers of exposure to asbestos for more than 50 years. You will need to show that your employer could have foreseen that at the time of the exposure you could suffer an Asbestos-related disease.

Solicitors & Lawyers

Establishing that the disease was caused by exposure to asbestos from a particular source, namely your employer. This can be done by producing evidence to show that you suffered from Asbestos exposure and the years when it occurred.