Asbestosis Compensation Payouts Guide

Author:
Gavin Evans
Partner, Industrial Disease Lawyer
Date:
02/09/2019

This guide outlines the different amounts of compensation that you could be awarded if you claim compensation for asbestosis in England or Wales. In a typical asbestosis case where compensation is paid out, the final settlement will include both General Damages and Special Damages.

How Much Compensation Can I Claim for Asbestosis?

The amount of compensation you can claim following the development of asbestosis depends on the extent and severity of the asbestosis symptoms and respiratory disability. It will also depend upon whether there are financial losses due to, for example, incapacity for work.

Our expert team of Industrial Disease Solicitors are specialists in Asbestosis claims. We are dedicated to getting the maximum amount of compensation and rehabilitation support for people who have developed asbestosis through no fault of their own.

For free legal advice get in touch with our Industrial Disease Solicitors. Ask if we can deal with your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Compensation for Asbestosis

In England and Wales, personal injury compensation is divided into two categories – General Damages and Special Damages.

General Damages for Asbestosis

General Damages are designed to compensate you for the pain, suffering and loss of amenity you’ve experienced. Loss of amenity refers to how your quality of life has been affected, while pain and suffering can be both physical and psychological. It would also include symptoms such as breathlessness, chest pain and any need for medication.

There are guidelines which state how much compensation should be awarded for General Damages in asbestosis cases. These are split into brackets, depending on the severity of the disease. For example, as a general guide:

  • Severe – in more severe asbestosis cases, the compensation awarded for General Damages could be between £30,630 and £84,380
  • Mild – in cases of mild Asbestosis symptoms, the compensation payout could be between £12,020 and £30,630 

Special Damages for Asbestosis

Special Damages are intended to replace your actual financial losses. This can include things such as your past and future loss of earnings, the cost of medical rehabilitation, the cost of adapting your home, the costs of re-training if you cannot continue in the role or career you were working in.

This means your Special Damages depend entirely on the amount of money you have lost because of the exposure that resulted in your illness. Financial losses in asbestosis claims can be significant, especially if your ability to work is affected, and/or you require lifelong care and assistance.

Final Settlement Figure

When the General Damages and Special Damages are added together, you get your final compensation settlement figure.

Since each individual will earn different amounts of money, the bracket of award for the loss of earnings in an asbestosis claim can vary significantly, possibly from several thousand to a few hundred thousand pounds. This is one reason why there is such variation in final settlements seen in asbestosis claims.

What is the Compensation For? 

Asbestosis symptoms vary enormously in severity and effect on a person’s social and working life. Someone can maintain their current lifestyle when suffering mild asbestosis symptoms. On the other hand, severe asbestosis will never fully resolve and that person is likely to require a lot of care and assistance for the rest of their days.

Whatever severity of asbestosis you have suffered, you deserve to be properly compensated. Your General Damages are there as redress for the impact your asbestosis has had.

You may also be entitled to provisional damages – a provisional award of compensation made by the Court or agreed with the defendant where the medical evidence supports such a claim. This is usually relevant where there is a real risk of the asbestosis deteriorating quite badly in the future or where there’s a real risk of another serious asbestos-related disease developing at a later date.

Such an award allows you to return to Court for further compensation if your asbestosis does deteriorate significantly or you go on to develop another serious asbestos-related disease. Of course, this can never give you your health back. But it can offer some form of justice for you.

Special Damages are there to put you back in the financial position you would have been in had you not developed the condition. Where asbestosis is concerned, the financial losses can be very significant when a person’s ability to work is affected. You may not be able to return to work at all, or you may only be able to manage a reduced workload or have to change career. The loss of income can also result in hardship for you and your family.

Additionally, in the most severe asbestosis cases, you may need care and assistance at home and a range of medical treatments for life. Your home may also have to be adapted to account for your illness in the most severe cases.

Your compensation should cover all of these expenses, ensuring you’re not left out of pocket because of your illness. 

How Simpson Millar Can Help You

If you are suffering from asbestosis through no fault of your own, please get in touch with our Industrial Disease Solicitors who specialise in asbestosis claims.

We offer a free consultation and we may be able to visit you at home (in England or Wales). We can explain the options open to you and help you decide what to do next.

For free legal advice call our Asbestos Claims Solicitors

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