Frequently Asked Questions

Will it cost me to make a claim?

Asbestos Health Check operate a strict NO WIN NO FEE policy to protect you against any costs in the event you are unable to recover compensation. This is designed to give you peace of mind from the start without worrying about legal costs.

If your case is successful and you are awarded compensation a small deduction will be made from your ‘General Damages’ which is that part of your compensation dealing with your pain, suffering and loss of amenity. This deduction represents those costs which cannot be recovered from the other side and will be discussed in detail with you by your solicitor at the start of your case. No deduction will be made against any part of your compensation award dealing with future losses which is generally referred to as Special Damages.

No deduction whatsoever will be made against any part of your compensation in cases involving mesothelioma and we ensure you will receive 100% of any compensation awarded.

Will I need to visit your offices?

No, not unless you specifically wish to do so. Given the nature and often complexity of these matters we find it particularly useful to visit our clients in the comfort of their home where they are more at ease and often accompanied by a family member or friend. The majority of our early contact and correspondence will be conducted by letter and on the telephone. However, a home visit will ultimately be required to enable your solicitor to meet with you and discuss your case further and prepare a written statement on your behalf which deals with important issues such as your diagnosis, employment history, how you were exposed to asbestos and the effects this is having or has had upon your life and any associated financial losses.

Can you help me claim benefit from the department for work and pensions?

Yes, providing you have been diagnosed with a prescribed asbestos related illness such as mesothelioma, asbestos lung cancer, asbestosis and pleural thickening. We can explain the qualifying criteria or help you complete the necessary paperwork for your application. There is no cost for this service.

Why would my claim for compensation be refused and do you offer another opinion?

There are many reasons why a compensation claim could be rejected by a Solicitor or even worse discontinued during routine investigations or following correspondence with the Defendants (the other side).  Sadly the unfortunate reality with compensation claims is that key facts often only emerge once a claim has been started and an exchange of information takes place between various parties. Issues within a case can often be identified and anticipated which is why our experienced solicitors undertake detailed assessment of each claim to ensure the risk of a failure at any stage is minimised. Experienced judgement on the part of your solicitor is often key to successfully presenting a case but a client can also help their cause if they are able to recall details of their work and exposure history as certain case types can turn on the level and extent of exposure to asbestos dust.

We are always happy to offer a second legal opinion in cases which have previously been considered and rejected by other solicitors and in all instances we apply a fresh approach to the facts. Normally when a Solicitor rejects a case a closure letter will outline the specific issues and difficulties of a case and if you anticipate obtaining another opinion it would be helpful to have a copy of this letter available. If you do not have a letter you are advised to discuss matters with your solicitor. If any facts surrounding your case have changed since your initial consultation you should mention these during any subsequent consultation. Important changes we would need to know might include a change in your medical condition, location of a witness or identification of a potential company.

It is important to remember that there is a limitation period in which to bring a case which generally speaking is three years from the date a person is diagnosed with an actionable asbestos related disease or three years from the date they first learned of their condition, whichever is the sooner. For this reason it is advisable to seek a second opinion at the earliest opportunity.

We are happy to discuss your situation with you and have our legal team make assessment of your entitlement to compensation. Call us today on FREEPHONE 0808 164 6018 or email to info@asbestoshealthcheck.co.uk or complete an enquiry form.

Is there any time limit on applying for Industrial Injuries Disablement Benefit?

No. Providing you satisfy medical requirements of the Department for Work and Pensions (DWP) you should receive an award of Industrial Injuries Disablement Benefit (IIDB).  You should make application using form BI100PD which is processed by Jobcentreplus.  Arrangements will be made for you to attend a medical examination to make assessment of your disability and the level of your disability will affect the amount of benefit you will receive. You need to be aware that an award of IIDB will affect certain means tested benefits you or your partner might be claiming, and if applicable to your situation, you should consult the relevant Benefits Agency.

I have previously received compensation for pleural plaques and have now been told that my condition has deteriorated and I have now developed asbestosis. Am I able to make a new claim?

Yes you will be able to make a fresh claim for your asbestosis condition. The existence of an earlier award for pleural plaques will have no effect on your ability to make a further compensation claim for your asbestosis. The condition of pleural plaques is no longer a compensatable condition in England or Wales but it is important you start a compensation claim within three years of your asbestosis diagnosis.

Asbestos Health Check encourage sufferers of pleural plaques to be vigilant in terms of monitoring their health and to report any deterioration or change in their condition to their GP. Whilst pleural plaques do not of themselves change into lung cancer or mesothelioma the risk of developing another asbestos related illness is increased in line with the extent of any exposure to asbestos dust.