The Claims Process
How is a claim made?
All claims are filed with the Trusts electronically. The claims are based on exposure information, work history statements and medical material being provided in support of the claims. There is no court hearing and no need to give evidence in person or attend medical examination.
In most cases, a decision to accept or reject the claim is made by the Trust within about 3-4 months from the date the claim was filed.
Who is eligible for compensation?
In order to be eligible for compensation, there are a few requirements that need to be met:
- A definitive diagnosis of mesothelioma has been made on biopsy or (if the person is deceased) at Post Mortem. The Trusts will not accept claims based on x-rays, CT scans or where the diagnosis is not definitive.
- The claim is filed with the Trusts within 3 years of the date of diagnosis. Some Trusts allow 3 years from the date of death for deceased claims.
- It can be established that the injured person was exposed to asbestos-containing products that were manufactured or supplied by the US companies behind the Trusts.
The process for making claims against the Trusts is not difficult if you have experienced lawyers acting for you.
How do I prove exposure to the US made products?
Claims can be made by clients who:
- Had exposure to asbestos when working in the UK shipyards in the 1950s and early 1960s.
- Worked in the UK docks unloading asbestos cargo in the 1960s and 1970s.
- Worked with specific products manufactured by these US companies such as vinyl asbestos floor tiles, asbestos rope packing, and asbestos joint compounds.
- Worked at a range of sites that have been "approved" by the Trusts as being sites where their products were sold.
- Had secondary exposure from someone who worked at the above sites in these periods (e.g. washing their husband's clothing)
We have an extensive list of sites throughout the UK and Australia where asbestos-containing products which were manufactured by these companies were used. This means that even if a person cannot recall all the products that they worked with, we have other ways of identifying the products that were present at the sites where they worked.
What amount of compensation is payable?
The range of compensation payments varies from Trust to Trust. Each Trust has an option to make claims for "Expedited Review" where there is a standard value ascribed to mesothelioma claims, or "Individual Review" where the Trust considers the individual circumstances of the person making the claim, including their age, marital status, employment situation and number of dependants etc. We can discuss the likely awards of compensation with you once we know a bit more about your exposure and employment history.
Claiming compensation is effortless!
Our goal is to help every person with mesothelioma get the compensation they deserve. Our network of experienced lawyers and paralegals in Australia, Canada, the UK, and the USA ensures that we can answer any question that comes our way about entitlements to compensation.
Client Cases
