4 essential steps for an asbestosis compensation claim
Asbestosis is a serious medical condition caused by inhaling asbestos fibres, which can lead to lung damage and other respiratory problems.
If you have been diagnosed with asbestosis or mesothelioma and believe that it is the result of exposure to asbestos in the workplace or from another source, you may be entitled to make a claim for compensation in Ireland.
1. Consult a solicitor
It is recommended that you speak to a solicitor who specialises in asbestos and mesothelioma claims, as they will be able to advise you on the requirements for pursuing a claim.
2. Gather evidence
Your solicitor will assist you in gathering the necessary evidence to support your claim, such as medical records, employment records, and other documentation demonstrating the extent of your exposure to asbestos and the impact it has had on your health.
3. Submit your claim
Once the relevant information has been gathered, your solicitor will advise on the appropriate claims process.
In many cases, an application may first be made to the Injuries Resolution Board (IRB), depending on the circumstances of the claim and whether the respondent consents to the assessment process.
4. Litigation process
If the claim cannot be resolved through negotiation or the IRB process, court proceedings may be required.
Your solicitor will represent you throughout the litigation process and present your case to the court.
It is important to note that the timeframe for resolving an asbestosis compensation claim can vary significantly depending on the case’s complexity, the availability of evidence, and whether liability is disputed.
What do I have to prove to succeed in my case?
In order to succeed in an asbestosis compensation claim in Ireland, you must generally be able to establish the following:
1. Exposure to asbestos
You must provide evidence that you were exposed to asbestos, such as employment records or other documentation demonstrating when and where the exposure occurred.
2. Medical diagnosis
You must provide a medical diagnosis from a suitably qualified medical practitioner confirming that you have developed asbestosis, mesothelioma, or another asbestos-related condition.
Your solicitor will assist in obtaining the necessary medical reports.
3. Causation
You must establish a link between your asbestos exposure and your diagnosis.
This is typically supported by expert medical evidence and occupational history evidence.
4. Negligence
You must establish that the defendant failed to take reasonable steps to protect you from exposure to asbestos.
This may include failing to provide protective equipment, failing to warn of known risks, or failing to safely remove or manage asbestos-containing materials.
The precise evidence required will depend on the circumstances of your exposure and diagnosis.
Your solicitor will advise you on the specific evidence needed to support your asbestosis compensation claim.
Asbestosis compensation claim process time
The time required to resolve an asbestosis compensation claim can vary considerably depending on the complexity of the case, the availability of evidence, and whether liability is disputed.
Some claims may resolve through negotiation or the IRB process, while others may require court proceedings.
Factors affecting the duration of a claim may include:
1. The extent of your injuries
More serious conditions may require additional medical evidence and ongoing assessment of prognosis and future care requirements.
2. The availability of evidence
Historical occupational disease claims often require extensive investigations into employment records, insurance records, and expert evidence.
Your solicitor will be able to provide a realistic indication of the likely timeline after reviewing the specific circumstances of your case.
Statute of Limitations
Asbestos-related diseases often develop many years after the original exposure.
In occupational disease cases, including asbestosis and mesothelioma claims, the limitation period generally runs from the claimant’s date of knowledge, being the date on which they knew, or ought reasonably to have known, that their condition was attributable to asbestos exposure.
Because limitation issues can be complex in asbestos-related claims, legal advice should be sought as soon as possible following diagnosis.
At Coleman Legal LLP, we have extensive experience assisting individuals diagnosed with asbestos-related illnesses and advising on the time limits that apply to these claims.
Our team
If you have been diagnosed with asbestosis, mesothelioma, or another asbestos-related illness and have questions regarding your legal rights, please contact our occupational disease solicitors at Coleman Legal LLP.
Our team has extensive experience advising clients in complex asbestos and occupational disease claims and can assist you in investigating the source of exposure, gathering evidence, and pursuing compensation.
Contact Rose Sweeney or Philip Treacy by email or Freephone 1800-844-104 for confidential advice regarding your asbestos-related illness claim.
Frequently Askes Questions
My employer exposed me to asbestos, but it no longer exists. Can I still bring a claim?
If your former employer no longer exists, you may still be able to pursue an asbestosis compensation claim.
1. Locate historic insurance policies
Many employers maintained employer liability insurance that may still respond to an asbestos-related claim. Your solicitor can assist in tracing any relevant insurance cover.
2. Identify other responsible parties
Depending on the circumstances, claims may also be brought against other parties who were responsible for exposing you to asbestos, including occupiers, contractors, manufacturers, or other entities involved in the work environment.
3. IRB process
Where appropriate, a claim may be submitted to the Injuries Resolution Board (IRB). If the claim cannot be resolved through the IRB process, an Authorisation may be issued permitting court proceedings.
4. Litigation
Where settlement cannot be achieved, court proceedings may be necessary. Your solicitor will advise on the most appropriate course of action based on the facts of your case.
I am not sure where or how I was exposed to asbestos dust. Is there any point in contacting an asbestos solicitor in Ireland?
Yes. Even if you are unsure where or how the exposure occurred, it is still worthwhile contacting a solicitor experienced in asbestos-related claims.
Your solicitor may:
1. Interview you
Review your employment history and other potential sources of asbestos exposure.
2. Review medical records
Obtain and review relevant medical evidence and consult appropriate medical experts.
3. Conduct investigations
Investigate former workplaces, employers, contractors, and other potential sources of exposure.
4. Gather evidence
Obtain employment records, witness statements, medical reports, and other documentation relevant to the claim.
5. Pursue compensation
Once the likely source of exposure has been identified, your solicitor can pursue compensation through negotiation, the IRB process where applicable, or court proceedings.
How is an asbestos compensation claim calculated in Ireland?
In Ireland, compensation for asbestosis is assessed by reference to the Personal Injuries Guidelines adopted by the Judicial Council.
The Guidelines provide compensation ranges for respiratory conditions according to their severity and long-term impact.
In addition to compensation for pain and suffering (general damages), a claim may include compensation for financial losses (special damages), including:
- Loss of earnings
- Medical expenses
- Rehabilitation costs
- Care and assistance costs
- Travel expenses
- Other out-of-pocket expenses arising from the illness
The severity of the respiratory impairment, prognosis, life expectancy, and effect on quality of life are all relevant factors when assessing compensation.
What is the typical timeline for an asbestosis compensation claim in Ireland?
The timeline for an asbestosis compensation claim can vary considerably depending on the circumstances of the case.
Factors that may affect the duration of a claim include:
- Whether liability is admitted or disputed
- The availability of historic employment and insurance records
- The complexity of the medical evidence required
- Whether the claim proceeds through the Injuries Resolution Board (IRB) or directly to litigation
Because occupational disease claims often involve exposure that occurred many years earlier, investigations can take time.
Your solicitor will be able to provide a more accurate estimate once the details of your case have been reviewed.
Can family members of a person who died from asbestosis make a claim?
Yes. Family members of a person who died from an asbestos-related illness, including asbestosis or mesothelioma, may be entitled to bring a claim under the Civil Liability Act 1961.
Depending on the circumstances, a claim may be brought by:
- A spouse or civil partner
- Children or dependants
- The deceased person’s estate
Claims may include compensation for financial dependency, loss of support, and other losses arising from the death.
As time limits apply, legal advice should be sought as soon as possible.
Does the IRB process apply to asbestosis claims?
The Injuries Resolution Board (IRB) may assess certain occupational disease claims, including asbestosis claims, where both the claimant and respondent consent to the assessment process.
Where either party does not consent, the IRB may issue an Authorisation allowing court proceedings to be commenced.
Given the specialist medical and occupational evidence often required in asbestos-related claims, your solicitor will advise on whether the IRB process is appropriate in the circumstances of your case.
Can I claim for asbestosis if I was a self-employed tradesperson?
Yes, potentially.
Although self-employed individuals do not generally have an employer against whom to bring a claim, liability may still arise where another party was responsible for exposing them to asbestos.
Depending on the circumstances, a claim may arise against:
- A main contractor
- A property owner or occupier
- A client who controlled the work environment
- A manufacturer or supplier of asbestos-containing products
Each case depends on its own facts, and legal advice should be obtained to identify the appropriate defendant.
What is the difference between asbestosis and mesothelioma?
Asbestosis and mesothelioma are both asbestos-related diseases, but they are different medical conditions.
Asbestosis is a chronic lung disease caused by scarring of the lung tissue following prolonged exposure to asbestos fibres.
Mesothelioma is an aggressive cancer affecting the lining of the lungs, abdomen, or heart and is almost exclusively linked to asbestos exposure.
Both conditions can give rise to compensation claims where exposure occurred as a result of negligence.
Can I make a claim if my asbestos exposure occurred decades ago?
Yes. Many asbestos-related illnesses have a long latency period and may not develop until decades after exposure.
Irish law recognises this issue. In occupational disease claims, the limitation period generally runs from the claimant’s date of knowledge, being the date they knew, or ought reasonably to have known, that their illness was attributable to asbestos exposure.
This means that a claim may still be possible even where the exposure occurred many years ago.
What evidence is most important in an asbestos-related claim?
The most important evidence typically includes:
- Medical reports confirming the diagnosis
- Employment records
- Evidence of asbestos exposure
- Witness statements from former colleagues where available
- Expert medical evidence
- Expert occupational or engineering evidence where necessary
- Historic insurance records
Your solicitor will assist in identifying and obtaining the evidence required to support your claim.
Can compensation be awarded if liability is admitted?
Yes. Where liability is admitted, compensation will still need to be assessed based on the severity of the illness, the impact on the claimant’s life, and any financial losses arising from the condition.
Even where liability is not disputed, expert medical evidence will usually be required to assess the value of the claim accurately.
Will I have to attend court?
Not necessarily. Many asbestos-related claims are resolved through negotiation, mediation, or settlement discussions without the need for a full court hearing.
However, where liability or the value of the claim is disputed, court proceedings may be required.
Your asbestosis compensation claim solicitor will advise you throughout the process and represent your interests at every stage.
