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If I have an asbestosis case
If your asbestosis was caused by exposure to asbestos at work you will have a case against your employer’s insurers at the time, even if the firm is no longer in business or has been taken over by another company. It is possible to bring any defunct companies legally ‘back to life’ for the purposes of making a claim.
If you are diagnosed as having pleural plaques, the ‘least serious' of all the asbestos-related diseases, you may not have a case for a claim. The government will not pay any benefits for this condition and it is not possible to make a civil claim in England or Wales (the Scottish Parliament passed legislation in March 2009 allowing claims for pleural plaques if the asbestos exposure took place in Scotland).
If the asbestos exposure took place some time ago and you have no records of your employment at the time you could still have a case. Access Legal can obtain proof of employment records from the Inland Revenue, appeal for witness statements from your co-workers and track down the insurer if the company is no longer in existence.
It is necessary to establish that your employer was indeed negligent in the duty of care they owed to you as an employee. They will be liable if they allowed you to be exposed to asbestos, usually without any protective equipment or warning about the hazards of the material, and we can show that the asbestosis was a direct result of that negligent exposure.