Industrial disease claims
Asbestos related illnesses are subject to compensation under the law of negligence and statutory duty if they can be attributed to a former period of employment.
In the event of diagnosis of an asbestos related disease you have two years to lodge a claim. The success of the claim will depend on whether the companies where the exposure occurred still exist. If the company is not in existence, there are other options e.g. tracing the insurers of the company. In many cases, the asbestos exposure occurred decades ago and neither the employer nor insurance cover is in existence. As a consequence, there is no legal entity that is capable of discharging any compensation awarded by the courts. These are the issues that must be established before the claim can be progressed.
There are also a number of other key issues that need to be addressed from the outset.
If the company is still in existence, does it have sufficient assets to be in a position to discharge a judgment handed down by the courts?
Have you been exposed to asbestos on different occasions, circumstances and/or workplaces?
It is not unknown for companies defending claims to seek to ascertain, by way of court order, the circumstances surrounding your exposure to asbestos. We have experienced a situation where the defendant sought a court order to examine the claimant’s boiler house flue to determine if that is where the asbestos exposure arose!
For information on accident claims to include the book of quantum and claimants information see www.injuriesboard.ie