How does the asbestos claims process actually work?

Posted: 14th Jul 25 10:00 AM

Written by Jan Garvey, Senior Case Manager at the National Asbestos Helpline

Last Updated: 14/07/2025

Sadly, there are around 12,000 lung disease deaths each year, said to be linked to past exposure to asbestos in the workplace.

If you suspect you or a loved one has developed a lung disease from previous asbestos exposure, it is a good idea to talk to our team about making an industrial disease claim.

The asbestos claims process

If you are considering making a claim, the process tends to follow a general procedure:

Getting advice: The National Asbestos Helpline or one of our expert solicitors will start with a friendly chat to understand your situation and work background.
Building your case: This involves collecting medical reports, employment history, tracing your employer or their insurer and, sometimes, tracking down old colleagues.
Submitting the claim: Your solicitor will send a letter of claim to the company (if it still exists) or their insurer, notifying them of the claim against them.
Negotiation: Most cases settle at this stage without court action. There will be exchanges of evidence, and usually, a settlement can be reached.
If needed, there could be court proceedings: Sometimes it is necessary to start court action for several reasons such as time periods (you have 3 years from the date of your diagnosis to commence a legal claim), if the other side refuses to engage in negotiations, or if the case is particularly time sensitive or tricky and the best way forward is to commence court proceedings. Even when this step is taken, it does not mean your case will end up in a courtroom. There are plenty of opportunities to negotiate a settlement outside of court.
Compensation awarded: Once the claim is settled, you will receive your compensation.

Throughout the process, your solicitor will take care of the legal side, so you can focus on your health and your family.

What if the company no longer exists?

This is one of the most prevalent worries we hear from our clients, but it is actually quite common. Even if your old employer has ceased trading, your solicitor can often find their insurance records and bring the claim against their insurer. This is a routine part of asbestos claims and should not deter you from contacting us to enquire about your eligibility for compensation.

If you are diagnosed with mesothelioma and the company no longer exists, or the insurance company cannot be found, you may be able to secure compensation through the 2014 Diffuse Mesothelioma Payment Scheme (DMPS).

If you are diagnosed with mesothelioma and you do not know how you were exposed to asbestos, you may be eligible for diffuse mesothelioma payments (the ‘2008 scheme’).