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If I have a mesothelioma case
If your mesothelioma was caused by exposure to asbestos at work you will have a case to make a claim against your employer’s insurers at the time, even if the firm is no longer in business, they have moved premises or been taken over by another company. This is often the case, since the symptoms of mesothelioma don’t appear until decades after the initial exposure.
In rarer cases where the company no longer exists and was not insured, or the insurer can't be traced, a claim can be made to an insurance fund which pays damages in such cases.
Don’t be put off making a claim if you have no records of your employment like payslips. You will still have a case as we can obtain proof of employment records from the Inland Revenue, appeal for witness statements from co-workers at the time and track down the insurer if the company is no longer in existence.
As with any other claim for negligence, it is necessary to prove your employer was negligent and/or breached their statutory duty. They will be liable if they allowed you to be exposed to certain levels of asbestos, usually without any protective equipment of warning about the hazards of the material.
We must then establish causality by proving that the cancer was a direct result of that negligent exposure. The very fact of the illness itself is compelling evidence, but reports from medical experts will help to confirm that and give an idea of your likely prognosis and life expectancy.