The UK has one of the highest rates of mesothelioma in the world - a direct legacy of heavy industrial asbestos use from the 1950s through to the 1999 ban. The HSE reports around 2,200 mesothelioma deaths a year, and hundreds more asbestos-related lung cancer, asbestosis and pleural thickening diagnoses. Most of those diagnoses can be traced to occupational exposure decades earlier.
The UK has one of the highest rates of mesothelioma in the world - a direct legacy of heavy industrial asbestos use from the 1950s through to the 1999 ban. The HSE reports around 2,200 mesothelioma deaths a year, and hundreds more asbestos-related lung cancer, asbestosis and pleural thickening diagnoses. Most of those diagnoses can be traced to occupational exposure decades earlier.
If you or a family member has been diagnosed with an asbestos-related disease, a civil compensation claim is almost always viable - even where the exposure was fifty years ago, even where the employer has long since dissolved, and even where no insurer has yet been traced. This page explains exactly how it works. Every claim is handled on a no win, no fee basis. For mesothelioma specifically, a legal exemption means claimants keep 100% of their compensation.
Priority handling - the urgency of mesothelioma claims
Mesothelioma has an aggressive and well-documented prognosis. Median life expectancy from diagnosis is roughly 12-24 months depending on type and treatment. The courts recognise this: mesothelioma claims are expedited via the 'show cause' fast-track procedure, which frequently produces settlements in 6-9 months rather than the 12-24 months typical in other industrial disease claims.
For that reason, if you have been diagnosed with mesothelioma, start the claim immediately.
The four asbestos-related diseases
Mesothelioma
An aggressive cancer of the mesothelial lining - most commonly pleural (lung lining), less commonly peritoneal (abdominal lining). Almost always caused by asbestos exposure, often with a latency of 20-60 years between exposure and diagnosis. Mesothelioma is an 'indivisible' disease for legal purposes: under section 3 of the Compensation Act 2006, a single causative exposure grounds the full claim.
Asbestos-related lung cancer
Asbestos exposure multiplies the risk of lung cancer, particularly in the presence of smoking history. Claims succeed where asbestos exposure materially contributed to the cancer.
Asbestosis
Interstitial lung scarring caused by inhalation of asbestos fibres over prolonged exposure. Progressive - symptoms worsen over time - and often disabling.
Diffuse pleural thickening
Thickening of the pleura causing restrictive lung function and breathlessness. Compensable where it causes symptoms.
A note on pleural plaques
Pleural plaques as a standalone, asymptomatic finding are no longer compensable in England and Wales following Rothwell v Chemical and Insulating Co [2007] UKHL 39. Plaques remain an important marker of asbestos exposure.
Who was exposed - the typical trades
Asbestos was used everywhere before it was banned in 1999. High-exposure trades and sectors include:
- Shipbuilding and ship repair (particularly dockyards in Portsmouth, Devonport, Clyde, Barrow, Tyneside, Belfast, Chatham).
Why mesothelioma claimants keep 100% of compensation
For almost every other personal injury claim in England and Wales, a successful claimant pays a success fee of up to 25% of their general damages and past losses. Mesothelioma is the exception.
When the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) changed how no-win-no-fee agreements work, mesothelioma was deliberately carved out. Parliament decided the disease was so serious, so rapidly progressive, and so clearly caused by identifiable corporate negligence that claimants should not lose any part of their compensation to legal fees.
This means: if you pursue a mesothelioma claim with a specialist firm, you receive 100% of the settlement or award.
Who do you claim against - especially if the employer is gone?
Almost every asbestos claim is defended by the former employer's Employer's Liability insurer. Where your former employer has dissolved:
- Employer's Liability Tracing Office (ELTO) - a central database of historical EL policies.
For mesothelioma specifically, the Compensation Act 2006 s.3 allows you to claim the full compensation sum from any one negligent exposer's insurer, regardless of how many other employers were also negligent.
The parallel schemes - maximise your total recovery
Civil damages claim - against the insurer.
Diffuse Mesothelioma Payment Scheme 2014 (DMPS) - A statutory scheme funded by a levy on the insurance industry, providing lump-sum compensation where no insurer can be traced. Current payments are age-related and substantial.
Pneumoconiosis etc. (Workers' Compensation) Act 1979 - A lump-sum statutory payment for eligible asbestosis, mesothelioma, diffuse pleural thickening sufferers.
Industrial Injuries Disablement Benefit (IIDB) - Weekly state benefit for prescribed industrial diseases. Not means-tested. Runs alongside civil claims.
How much compensation could you receive?
Illustrative general-damages ranges (JCG 17th edition)
- Mesothelioma: ~£76,660 - £137,910 (general damages only; typical total settlements £150,000-£500,000+ for individuals and more with dependent claims)
Special damages typically include
- Loss of earnings from the date diagnosis stopped work.
Time limits for asbestos claims
Three years from the 'date of knowledge' under s.14 Limitation Act 1980 - usually the diagnosis conversation. See time limits.
How is it funded?
For mesothelioma: you keep 100% of your compensation.
For asbestosis, lung cancer and pleural thickening: standard no win, no fee applies. See no win no fee explained.
