We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
In some, rare, cases, claimants who have developed asbestosis as a result of exposure to asbestos in the workplace may not be able to claim compensation for asbestosis.
This is well illustrated by the case of Derek Smith v Deanpast Ltd and Others which reached the High Court in 2010.
The claimant had sought to secure damages for his "15% respiratory disability", with his personal injury solicitor arguing that the man's employer, having caused exposure to asbestos, was liable to pay a settlement.
However, the court heard that the man's pleural thickening was not diffuse, affected only 1% of one lung and was not causing any significant disability.
In fact, argued the defendant, the claimant's disability was caused by his being obese. Agreeing, with this defence, the judge dismissed the claim on the grounds that exposure to asbestos had not caused any "material injury".
Another important test case in this area is Beddoes and Others v Vinters Defence Systems and Others from 2009, in which a judge ruled that only an injury that causes material impact on a claimant's health can be considered compensable, with diagnosis alone insufficient grounds for a payout.
A spokesperson for no win, no fee specialist YouClaim comments, "Asbestosis is a chronic lung condition, which, although treatable, is incurable and can result in severely impeded respiratory capacity.
"As such, it is necessary that those who suffer from the condition receive just compensation. Despite some of the vagaries inherent in some rulings, the litmus test for receiving compensation remains rather simple: if you have significant and debilitating symptoms, you should be eligible to receive damages."
100 percent compensation for asbestosis, cost free
Asbestosis is one of five compensable asbestos-related illnesses.
Here at YouClaim, we enable UK claimants to undertake litigation for the illness without them incurring any costs, fees or disbursements.
Our solicitors are among the UK leaders in resolving this kind of claim and share both an excellent success rate and a commitment to a professional, client-first service that upholds the strictures of the Solicitors Regulation Authority.
Furthermore, we never take a cut; our 100 percent compensation promise.
To find out more about how we may be able to help you claim compensation for asbestosis, echat, complete an online claim form or call an advisor now, on 0800 10 757 95.
