If you have been diagnosed with an asbestos-related disease, such as mesothelioma, asbestosis, pleural thickening or asbestos-related lung cancer, you should seek legal advice. A compensation claim may be possible, even if the exposure happened decades ago or the employer has ceased trading.

This guide explains when a claim for asbestos exposure may be possible, who is eligible, how claims are investigated and proven, and the support available throughout the legal process.

Who Is Eligible to Claim Compensation for Asbestos Exposure?

You may be able to make a claim if:

• You have been diagnosed with a recognised asbestos-related illness, and exposure is believed to have occurred during work or through another identifiable source.
• You are acting on behalf of someone who has died from an asbestos-related condition, or who is too unwell to bring a claim themselves.
• You previously received compensation, but your condition has significantly worsened and now meets the criteria for a further claim.
• You are unsure when or where the exposure happened, but evidence of an asbestos-related diagnosis is available. However, to bring a claim we must ultimately be able to describe exposure to a source of asbestos.

If you were exposed to asbestos dust at work, this is often considered under employers’ liability. In these cases, a claim is made against the insurer of the company responsible at the time of exposure.

Which Asbestos-Related Conditions Can Form the Basis of a Claim?

The most common conditions that may give rise to a successful asbestos exposure claim include:

Mesothelioma

Mesothelioma is a rare form of cancer that affects the lining of the lungs (pleura) or, less commonly, the lining of the abdomen (peritoneum). It is strongly associated with past exposure to asbestos. In many cases, symptoms do not appear until 20 to 60 years after exposure. Even short-term or low-level contact with asbestos can lead to mesothelioma in some individuals. Visit JMW's mesothelioma claims page for more details.

Asbestosis

A long-term lung condition caused by inhaling asbestos fibres. It results in scarring of the lung tissue, causing breathing difficulties. Asbestosis claims often arise from heavy or prolonged exposure.

Asbestos-related lung cancer

Lung cancer caused or contributed to by past asbestos exposure is separate from mesothelioma and must usually be supported by evidence of substantial workplace exposure, and usually a diagnosis of asbestosis as well.

Pleural thickening

This condition involves thickening and hardening of the lining around the lungs, which can restrict lung function. It is often a sign of past exposure to asbestos and may result in breathlessness or chest pain.

To be eligible to make a claim for asbestos-related disease, you must have a formal diagnosis. Even if symptoms appear mild, legal advice is still essential - the condition may progress, and a claim may still be appropriate depending on your individual situation.

How Do You Prove Asbestos Exposure?

Many people worry that they cannot make a claim because they don’t know for sure when the exposure occurred, or the company they worked for no longer exists. However, there are ways to prove asbestos exposure even if you cannot recall every detail yourself.

The asbestos-related disease lawyers at JMW use a range of records, tools and experience to investigate asbestos claims, including:

• Employment history: reviewing job roles, locations and industries known to use asbestos.
• Medical records: confirming a diagnosis and linking the condition to known asbestos exposure patterns.
• Witness evidence: statements from former colleagues or others with similar experiences.
• Historic records: databases of known asbestos-using employers, insurers, shipyards and building sites.
• Site-specific documentation: including architectural and construction records where available.
• Forensic investigations: using specialist investigators to trace responsible employers and insurers.

Even if exposure occurred many decades ago, and the employer has ceased trading, the team at JMW can locate relevant employers’ liability insurers who may still be legally responsible for paying compensation.

How Does the Asbestos Claims Legal Process Work?

While every case is different, asbestos claims usually follow a similar structure:

1. Initial consultation

We will listen to your situation and assess whether a claim may be possible.

2. Gathering medical evidence

We obtain your medical records and may instruct an independent medical expert to confirm the diagnosis and prognosis.

3. Investigating exposure

We will explore your work history, speak with witnesses and use databases to identify where and how you may have been exposed. If the company has closed, we will seek to trace its insurer.

4. Calculating compensation

We assess the impact the condition has had, and will have, on your life, including lost earnings, care needs and loss of quality of life.

5. Reaching a settlement

Many asbestos claims are resolved out of court. However, if the responsible party denies liability or disputes the amount, court proceedings may be necessary. There is an expedited procedure available to specialist asbestos claim Solicitors that can allow us to bring matters to court more quickly. In some cases, the claim is settled on a provisional basis. This allows for a further claim to be made if the condition progresses or a more serious diagnosis is confirmed at a later date.

In other cases, the claim is settled on a full and final basis. This brings the matter to a close, and no further compensation can usually be sought, even if the condition worsens in future. The appropriate settlement type will depend on the medical evidence and the specific circumstances of the case.

To learn more about the processes involved in making a claim, take a look at our guide to the lifecycle of a personal injury claim.

Can I Claim if I Have Been Exposed to Asbestos but Don’t Have a Related Illness?

Being exposed to asbestos fibres alone does not automatically give grounds for compensation. A claim usually depends on the development of a recognised asbestos-related condition.

Can I Claim for Secondary Exposure to Asbestos?

In some cases, people who were not directly exposed to asbestos at work may still be eligible to claim if they developed an asbestos-related illness due to secondary exposure.

Secondary exposure happens when asbestos fibres are brought into the home on work clothes, tools or skin, and inhaled by family members. This most commonly affected the partners of people who worked in construction, engineering, shipyards and other high-risk trades during the period of widespread asbestos use.

If you have been diagnosed with a recognised asbestos-related condition and believe it was caused by indirect exposure - for example, from washing a partner’s contaminated clothing - you should seek legal advice about making a claim.

Tracing a Former Employer After Asbestos Exposure

Many employers can seem difficult to locate, or may no longer exist. However, the team at JMW has a long history of successfully tracing former employers and their insurers using:

• A specialist database of companies known to have exposed workers to asbestos.
• Insurer databases from periods of widespread asbestos use.
• Records of ships, construction sites and public buildings where asbestos was present.
• Forensic investigators skilled in employer and site tracing.

In many cases, employers’ liability insurers from the time of exposure can be identified and held responsible. Even if the business was dissolved decades ago, we may still be able to pursue a claim.

Where no insurer can be traced, we will advise on whether alternative routes - such as the Diffuse Mesothelioma Payment Scheme - may apply.

If you were exposed across multiple workplaces, we will work to hold each relevant employer accountable and make sure all potential sources of compensation are explored.

The Diffuse Mesothelioma Payment Scheme

The Diffuse Mesothelioma Payment Scheme provides compensation to people diagnosed with mesothelioma where no employer or insurer can be traced. It was introduced to make sure those who cannot bring a civil claim are not left without financial support.

You may be eligible if:

• You were diagnosed with mesothelioma on or after 25 July 2012.
• Your asbestos exposure happened during employment in England or Wales.
• It is not possible to pursue a civil claim because no liable employer or insurer can be identified.

The scheme is funded by the insurance industry and is intended to provide a lump sum payment when other legal routes are unavailable. Payments are based on age at diagnosis and can also include a contribution toward legal costs and funeral expenses if a claim is made after death by the estate or dependants.

JMW can assess whether you meet the criteria, explain how awards are calculated, and guide you through the application process - including gathering the necessary medical and employment evidence to support your claim.

Time Limits for Asbestos Exposure Claims

The general time limit for bringing a claim is three years from the date you were diagnosed, or from when you first became aware that your condition was caused by asbestos exposure.

In fatal cases, the three-year period runs from the date of death, or the date the connection to asbestos was discovered - such as during a post-mortem.

Given the long latency of asbestos-related conditions, many people assume it is too late to claim. However, the three-year period begins from diagnosis or knowledge, not the date of exposure. If you are unsure whether you are still eligible, you should seek legal advice as soon as possible.

Advice for People Living Abroad with a UK Asbestos Exposure

Many people relocate years after exposure and assume they have lost their right to pursue compensation, but this is not the case.

JMW can:

• Arrange for UK-based medical experts to review your records and provide reports without the need for in-person examination wherever appropriate.
• Handle all correspondence by email, phone and video conferencing, keeping the process straightforward despite time zone differences.
• Secure permission for you to give evidence by video link if your claim should go to court, so you do not have to travel back.

JMW has successfully represented clients now living in Canada, Australia, New Zealand, the United States and across Europe, helping them to access compensation schemes and court processes from abroad.