Asbestos and Mesothelioma Claims: A Complete UK Guide
If you or a family member has been diagnosed with mesothelioma or another asbestos-related disease, you may be entitled to significant compensation. This guide explains the claims process, the types of compensation available, time limits, and how to find a specialist solicitor.
This guide provides factual information only. It does not constitute legal advice. If you have been diagnosed with an asbestos-related disease, please consult a specialist mesothelioma solicitor as soon as possible — time limits apply.
Asbestos Disease in the UK
The UK has the highest rate of mesothelioma deaths in the world. Approximately 2,700 people are diagnosed with mesothelioma each year in Great Britain, and around 5,000 people die annually from all asbestos-related diseases. Because asbestos was used extensively in UK construction, shipbuilding, and manufacturing from the 1940s to the 1980s, the death toll is expected to remain high until the mid-2030s.
The long latency period of asbestos diseases — typically 20 to 60 years between exposure and diagnosis — means that many people diagnosed today were exposed during their working lives in the 1960s, 1970s, and 1980s. Trades most commonly affected include laggers, plumbers, electricians, carpenters, builders, shipyard workers, and those who worked in power stations, factories, and schools.
If you have been diagnosed with an asbestos-related disease, you are not alone — and you are likely entitled to compensation. The UK legal system provides several routes to compensation, and specialist solicitors work on a no-win, no-fee basis, meaning there is no financial risk in bringing a claim.
Asbestos-Related Diseases and Compensation Eligibility
Mesothelioma
MalignantMesothelioma is a cancer of the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma). It is almost exclusively caused by asbestos exposure. There is no cure, but treatment can extend life and improve quality of life. Mesothelioma is the most common basis for asbestos compensation claims in the UK.
Asbestosis
Non-malignantAsbestosis is a chronic lung disease caused by the inhalation of asbestos fibres, which cause scarring (fibrosis) of the lung tissue. Symptoms include breathlessness, persistent cough, and chest tightness. Asbestosis is not a cancer but significantly reduces quality of life and life expectancy.
Pleural Plaques
Non-malignantPleural plaques are areas of fibrous thickening on the lining of the lungs. They are the most common asbestos-related condition and are usually asymptomatic. In England and Wales, pleural plaques alone are not currently compensatable as a disease, but they are evidence of asbestos exposure and may support a claim for anxiety or future risk.
Lung Cancer
MalignantAsbestos exposure significantly increases the risk of lung cancer, particularly in combination with smoking. Establishing asbestos as the cause of lung cancer requires careful medical and occupational history evidence. Claims are possible but require a higher evidential threshold than mesothelioma claims.
Diffuse Pleural Thickening
Non-malignantDiffuse pleural thickening is a more extensive form of pleural scarring that can restrict lung function and cause breathlessness. Unlike pleural plaques, diffuse pleural thickening can be the basis of a compensation claim where it causes functional impairment.
Routes to Compensation
Employer Liability Claim
The most common route. If you were exposed to asbestos during employment, your employer (or their insurers) may be liable. This applies even if the employer is no longer trading — insurers remain liable under the Employers' Liability (Compulsory Insurance) Act 1969. Tracing former employers' insurers is a specialist task that mesothelioma solicitors handle routinely.
Time limit: 3 years from diagnosis or date of knowledge
Mesothelioma UK Compensation Scheme
If the employer cannot be traced or has dissolved and no insurer can be identified, the Diffuse Mesothelioma Payment Scheme (DMPS) provides a lump-sum payment to eligible claimants. Payments are made from a levy on active employers' liability insurers. The scheme is administered by the Mesothelioma UK charity.
Time limit: Must apply within 3 years of diagnosis
Industrial Injuries Disablement Benefit (IIDB)
A state benefit available to those diagnosed with mesothelioma, asbestosis, or diffuse pleural thickening as a result of occupational asbestos exposure. IIDB is not means-tested and does not affect other benefits. It is paid weekly and can be claimed alongside a civil compensation claim.
Time limit: No time limit — claim at any time after diagnosis
War Disablement Pension
Available to former members of the armed forces who were exposed to asbestos during service. Claims are made through the Veterans UK agency. Compensation levels are set by the Armed Forces Compensation Scheme (AFCS) or the War Pensions Scheme depending on when exposure occurred.
Time limit: No time limit for War Pensions; 7 years for AFCS
Criminal Injuries Compensation
In rare cases where asbestos exposure resulted from a criminal act (for example, deliberate concealment of a known hazard), a claim may be possible through the Criminal Injuries Compensation Authority (CICA). This route is uncommon but has been used successfully in some industrial disease cases.
Time limit: 2 years from the incident
Heads of Loss in a Mesothelioma Claim
Mesothelioma compensation is calculated under several heads of loss. The total award depends on the individual circumstances of the claimant — their age, earnings history, care needs, and the specific impact of the disease on their life.
| Head of Loss | Description |
|---|---|
| General Damages (PSLA) | Pain, suffering, and loss of amenity — compensation for the physical and psychological impact of the disease. Mesothelioma awards are typically £80,000–£120,000 for PSLA alone. |
| Loss of Earnings | Past and future loss of earnings if the disease has prevented or will prevent you from working. Includes pension loss. |
| Care and Assistance | The cost of care provided by family members or professional carers, including future care needs. |
| Medical Expenses | Private treatment costs, prescription charges, travel to appointments, and the cost of any specialist equipment or adaptations to the home. |
| Loss of Dependency (Fatal Claims) | Where the claimant has died, dependants (spouse, children) can claim for financial dependency and loss of services under the Fatal Accidents Act 1976. |
| Bereavement Award | A fixed statutory award (currently £15,120) payable to a spouse or civil partner in a fatal claim under the Fatal Accidents Act 1976. |
How a Mesothelioma Claim Works
Seek a Specialist Mesothelioma Solicitor
Mesothelioma and asbestos disease claims are a specialist area of law. You should instruct a solicitor who is a member of the Association of Personal Injury Lawyers (APIL) or who has a track record in industrial disease claims. Most mesothelioma solicitors work on a no-win, no-fee (conditional fee agreement) basis, meaning you pay nothing if the claim is unsuccessful.
Gather Occupational History
Your solicitor will need a detailed occupational history — every job you have held, the dates, the employer, and the nature of the work. This is used to identify when and where asbestos exposure occurred. Former workmates, trade union records, and employment records held by HMRC can all be used as evidence.
Obtain Medical Evidence
A formal diagnosis from a respiratory physician or oncologist is required. Your solicitor will commission a medico-legal report from a specialist who can confirm the diagnosis, attribute it to asbestos exposure, and assess the impact on your life expectancy and quality of life.
Trace the Employer and Insurer
Your solicitor will use the Employers' Liability Tracing Office (ELTO) database to identify the insurer who held the employer's liability policy at the time of exposure. If the employer has dissolved, Companies House records and the Mesothelioma UK database may be used.
Letter of Claim
Once the defendant and insurer are identified, your solicitor sends a formal letter of claim setting out the basis of the claim, the medical evidence, and the heads of loss. The defendant has a fixed period to respond and investigate.
Settlement or Trial
The majority of mesothelioma claims settle out of court. If liability is admitted, the claim proceeds to a quantum (damages) assessment. If liability is disputed, the claim may proceed to trial. Given the urgency of mesothelioma cases, courts give them priority listing.
Time Limits Are Critical
The standard limitation period for a mesothelioma claim in England and Wales is 3 years from the date of diagnosis (or the date you first knew the condition was caused by asbestos). For fatal claims, the 3-year period runs from the date of death.
Given the urgency of mesothelioma cases — and the time required to gather occupational and medical evidence — you should instruct a specialist solicitor as soon as possible after diagnosis. Do not wait.
Useful Organisations
The leading UK charity for mesothelioma patients and families. Provides specialist nurses, legal advice, and administers the DMPS.
A national network of support groups providing practical and emotional support to asbestos disease sufferers and their families.
The HSE's guidance on asbestos-related diseases, including statistics and information on the regulatory framework.
The database used by solicitors to trace former employers' liability insurers. Essential for claims where the employer has dissolved.
The government's state benefit for those diagnosed with mesothelioma, asbestosis, or diffuse pleural thickening.
Frequently Asked Questions
Further Reading
Asbestos in the Workplace
Employer duties, management plans, and the legal framework under CAR 2012.
Asbestos in Schools
The scale of asbestos in UK schools, duty holder responsibilities, and management requirements.
Asbestos Regulations UK
A full guide to the Control of Asbestos Regulations 2012 and related legislation.
Types of Asbestos
Crocidolite, amosite, and chrysotile — the three main fibre types and their relative risk profiles.
Asbestos Health Risks
How asbestos fibres cause disease, the dose-response relationship, and current UK exposure limits.
When Was Asbestos Banned?
The UK legislative timeline from the 1931 Asbestos Industry Regulations to the 1999 full ban.
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