Mesothelioma claim process
If you have been diagnosed with mesothelioma following exposure to asbestos in the workplace or another setting, you may be entitled to bring a Mesothelioma Claim in Ireland.
Because mesothelioma is an aggressive disease that often develops decades after asbestos exposure, it is important to seek legal advice as soon as possible after diagnosis.
1. Consult a solicitor
You should speak with a solicitor experienced in handling Mesothelioma Claims as early as possible.
Your solicitor will advise you on your legal rights, identify the parties responsible for your asbestos exposure, and explain the evidence required to pursue your claim.
2. Gather evidence
Your solicitor will obtain the evidence required to support your Mesothelioma Claim, including:
- Medical records and consultant reports.
- Employment records.
- Occupational history.
- Witness statements where appropriate.
- Evidence identifying the source of asbestos exposure.
3. Submit your claim
Where appropriate, your solicitor will submit your claim to the Injuries Resolution Board (IRB) and notify the party responsible for your asbestos exposure.
Where the claim is unsuitable for IRB assessment or proceeds beyond the IRB process, your solicitor will advise you on commencing court proceedings.
4. Litigation
If liability is disputed or the claim cannot be resolved through negotiation, court proceedings may be necessary.
Mesothelioma cases are generally treated as urgent due to the progressive nature of the illness.
Your solicitor will ensure that your Mesothelioma Claim progresses as quickly as possible while obtaining the expert medical evidence required to maximise your compensation.
Employer responsibilities
Employers owe a duty of care to protect employees from reasonably foreseeable workplace risks, including exposure to asbestos.
In general, employers must provide:
- Safe systems of work.
- A safe place of work.
- Safe plant and machinery.
- Competent supervision and appropriate training.
- Care in the selection of fellow employees.
Most employer liability claims must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can commence.
Under the Safety, Health and Welfare at Work Act 2005, employers must ensure, so far as is reasonably practicable, the safety, health and welfare of their employees.
This includes taking reasonable steps to:
- Provide and maintain safe workplaces, machinery and equipment.
- Prevent exposure to hazardous substances such as asbestos.
- Carry out appropriate workplace risk assessments.
- Provide suitable personal protective equipment where required.
- Provide adequate instruction and health and safety training.
- Appoint competent persons to oversee workplace safety.
Failure to comply with these obligations may result in liability where an employee subsequently develops mesothelioma following occupational asbestos exposure.
Statute of Limitations
Because mesothelioma often develops decades after asbestos exposure, Irish law applies the date-of-knowledge principle.
In most cases, a Mesothelioma Claim must be commenced within two years less one day from the date on which the injured person knew, or ought reasonably to have known, that they had mesothelioma and that it was attributable to asbestos exposure.
Given the progressive nature of the disease, it is essential to seek legal advice immediately following diagnosis.
Frequently Asked Questions
How is mesothelioma different from asbestosis as a basis for a claim in Ireland?
In Ireland, mesothelioma and asbestosis are both asbestos-related diseases but differ significantly in nature, prognosis and compensation.
Mesothelioma is an aggressive cancer affecting the lining of the lungs or abdomen, whereas asbestosis is a chronic scarring of the lungs caused by asbestos exposure.
Both conditions may give rise to an employer liability claim where workplace exposure can be established. Because mesothelioma is a terminal illness, compensation is generally significantly higher.
Can a family member make a Mesothelioma Claim if the patient has died?
Yes. Under the Civil Liability Act 1961, certain family members may bring a claim following the death of a person from mesothelioma.
The deceased’s estate may also pursue damages that the deceased could have claimed during their lifetime.
Because strict time limits apply, legal advice should be sought as soon as possible.
What compensation is available for a Mesothelioma Claim in Ireland?
Compensation may include:
- General damages for pain and suffering.
- Medical and treatment expenses.
- Nursing and care costs.
- Loss of earnings.
- Future financial losses.
- Home adaptations and specialist equipment where required.
Each Mesothelioma Claim is assessed individually based on the severity of the illness and its impact on the claimant and their family.
Is there a time limit for making a Mesothelioma Claim in Ireland?
Yes. In most cases, proceedings must be commenced within two years less one day from the claimant’s date of knowledge that the disease was attributable to asbestos exposure.
What if the company responsible for my asbestos exposure no longer exists?
A Mesothelioma Claim may still be possible even if your former employer has ceased trading.
Your solicitor can investigate historical employer liability insurance and identify the appropriate insurer responsible for meeting the claim.
