With Joanne Copeland, Partner, Poole Townsend

Published at 17:20, Tuesday, 31 July 2012

Q: I was exposed to asbestos when I worked for a company over 40 years ago. The company then went out of business. I have now been told that I have mesothelioma. Can I still claim compensation?

Joanne Copeland

A: You are still entitled to pursue a claim for compensation. If the company that you worked for was insured at the time of the accident, we can attempt to trace those insurers.

There are various ways that we can trace insurers including make enquiries through the Association of British Insurers.

If we are able to trace the insurers then there is a very good chance that we will be able to obtain compensation on your behalf.

Q: Whilst I was undergoing some routine tests recently, I was referred for a chest x-ray. The doctor then told me I have pleural plaques. He said that these are caused by asbestos dust. Can I claim compensation?

A: Unfortunately, you can no longer claim compensation if you have pleural plaques. Following a House of Lords’ decision in 2007, it was decided pleural plaques did not cause significant enough injury to warrant an award of compensation.

However, as pleural plaques do show a significant exposure to asbestos, it is worthwhile registering with us so that, if you do experience any other symptoms in the future, we can pursue a claim on your behalf.

For example if you go on to develop any other serious asbestos disease in the future, such as asbestosis, pleural thickening or lung cancer, then you would be entitled to pursue a claim for compensation in respect of those diseases. It is therefore important that you register your claim at the earliest opportunity.

Q: If I make a compensation claim, can I also claim benefits?

A: Yes. There are various benefits that you are entitled to, including a lump sum payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, if you have been diagnosed with mesothelioma or lung cancer caused by asbestos or diffuse pleural thickening. To qualify for an award under the Pneumoconiosis Act you will need to provide a letter from your medical practitioner confirming the date on which you were diagnosed. The DWP has dedicated staff that can help you deal with benefit claims.

If you are suffering from asbestosis, pleural thickening, mesothelioma or pleural plaques ring Joanne or Lindsey on FREEPHONE 0800 839 2939 or (01229) 811811 t talk to our asbestos disease claims specialists. Your first initial appointment is free and without obligation.

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