Factors at the heart of a mesothelioma compensation claim

With an issue as complex and traumatic as mesothelioma compensation, it can never be said that the compensation claim process is a straightforward one.

However, in certain cases, for example, if it is possible to clearly prove that you were exposed to asbestos in your workplace, the legal principle of balance of probabilities' means that your employer's insurers will very likely accept liability in the early stages of the mesothelioma compensation process.

However, there are cases where complicated legal and circumstantial factors may make the process of receiving mesothelioma compensation rather more complex.

It is worth examining what the factors potentially affecting mesothelioma compensation claims are.

The employer responsible for mesothelioma compensation has gone out of business
If the employer who was responsible for your health and welfare during the course of your employment has gone out of business, there are still routes available to claiming mesothelioma compensation.

Your personal injury solicitor will have a good chance of securing you mesothelioma compensation if the insurer of your previous employer still provides compensation claim cover for former employees.

Claiming mesothelioma compensation where the insurers no longer provide cover
Even this situation does not make it impossible to claim mesothelioma compensation. Where the insurers no longer provide cover for industrial injury litigation, sufferers or dependents may be able to claim mesothelioma compensation under the terms of the Pneumoconiosis Workers' Compensation Act.

This piece of legislation allows workers or bereaved dependents of workers who have suffered from a dust-related occupational disease to receive a one-off industrial injury compensation payment from the government in cases where the insurers of previous employers no longer provide cover.

The following diseases are included under the terms of the act:

• Mesothelioma
• Pneumoconiosis (including Silicosis, Asbestosis, Kaolinosis)
• Pleural Thickening
• Carcinoma of the Lung (if presented with asbestosis or pleural thickening)
• Byssinosis

As a general rule, people who use this piece of legislation to claim mesothelioma compensation should be receiving Industrial Injuries Disablement Benefit (IIDB), although exceptions can be made to this prescription.

It is only possible to claim mesothelioma compensation this way if no previous litigation has proved successful in claiming asbestos-related damages.

While dependents can make posthumous (after death) mesothelioma compensation claims under this act, strict time limits apply.

Where it is more than three years since the first date of knowledge'
Unfortunately, for those wishing to claim mesothelioma compensation more than three years from the date they first realised they were suffering from the condition, very few things can be done to prove they still have a valid entitlement to any kind of industrial illness compensation.

Only in cases where it can be proved that the prospective claimant had very good cause not to make a claim for mesothelioma compensation within the three-year time limit will making a successful no win, no fee claim be possible.

Generally speaking, the only valid excuse for not making a mesothelioma claim within the three-year time limit is one of mental incapacity. If the claimant can prove that he or she was not mentally fit to make a mesothelioma compensation claim within this period, exception to the three-year rule may be made.

Making a no win, no fee claim for mesothelioma compensation
If you believe that you have developed mesothelioma or any other asbestos-related disease as a result of your occupational environment, you are probably entitled to claim compensation.

Over the years YouClaim have forged a proven track record in resolving asbestos and mesothelioma compensation claims.

Our panel of personal injury solicitors, who all work on a no win, no fee basis, are among the finest in the UK. All meet the high standards of the Solicitors Regulation Authority and display a commitment to an ethical and sensitive approach to both their clients and the issue of mesothelioma compensation.

Claiming with YouClaim is a completely risk-free business. We guarantee that at no stage in the compensation claim process will our clients ever have to pay a penny in costs or fees.

And our policy of never taking a cut means all our clients receive 100% compensation.

Even in the unlikely event that your claim is unsuccessful, you will not have to pay a penny towards the opposing side's legal fees, as we protect you from all their costs.

To investigate your right to mesothelioma compensation today you can fill out an online claim form, drop us a call back request, discuss your claim live on e-chat or, alternatively, call us now on 0800 10 757 95.