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Asbestos claim help please

Hi
Im unsure if this is the correct forum but il post it here anyway,
Basicly my dad was diagnosed with asbestosis after a long battle with illness and still is battling but anyway after a long battle (years i belive) my mum eventually got hold of my dads medical records wich states the diagnosis about illness through being exposed to asbestos ect he had to have a lung removed due to lung cancer and also now on his remaining lung he has a condition that asbestos causes (not sure of medical name) but anyway i belive in 2013 & 2014 my mum and dad spoke to 2 solicitors about making and claim and they both rejected i belive stating something about you have to register a claim within 3 years of being diagnosed with an asbestos related medical problem,now they couldnt do this as it took them years to get hold of my dads medical records does anybody know anywhere else they can try that may be able to help? I just want them to maybe get abit of money hopefully before anything happends so they can go on a holidya together or enjoy some time together ect
Any help would be brilliant.
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Comments

  • pmlindyloo
    pmlindyloo Posts: 13,090 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This link

    http://www.clearanswers.co.uk/asbestos-claims/asbestos-claim.htm

    backs up the solicitors stating that the claim has to be made within 3 years of the diagnosis being made.

    It might be worth checking that your parents are receiving all the benefits that they are entitled to.

    Are they claiming any benefits at the moment?
  • D4nny
    D4nny Posts: 128 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi thanks for your response,as far as iv been made aware he is only claiming disability alowance as this is all he can claim due to my mum still having to work full time.where is the best place to find this info out? Cab office?
  • pmlindyloo
    pmlindyloo Posts: 13,090 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can put in their details on the benefit calculator on https://www.entitledto.co.uk. It is pretty accurate.
  • D4nny
    D4nny Posts: 128 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Brilliant thankyou for your help.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    Was this exposure by paid employment as opposed self employed ? Is he receiving industrial diseases disability benefit ?
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • benniebert
    benniebert Posts: 666 Forumite
    D4nny wrote: »
    Hi
    Im unsure if this is the correct forum but il post it here anyway,
    Basicly my dad was diagnosed with asbestosis after a long battle with illness and still is battling but anyway after a long battle (years i belive) my mum eventually got hold of my dads medical records wich states the diagnosis about illness through being exposed to asbestos ect he had to have a lung removed due to lung cancer and also now on his remaining lung he has a condition that asbestos causes (not sure of medical name) but anyway i belive in 2013 & 2014 my mum and dad spoke to 2 solicitors about making and claim and they both rejected i belive stating something about you have to register a claim within 3 years of being diagnosed with an asbestos related medical problem,now they couldnt do this as it took them years to get hold of my dads medical records does anybody know anywhere else they can try that may be able to help? I just want them to maybe get abit of money hopefully before anything happends so they can go on a holidya together or enjoy some time together ect
    Any help would be brilliant.

    Sorry you are too late to make a claim. I know that it seems wrong, but many many cases go without anybody taking action to secure a financial future.
    My daughter lost a son due to medical incompetence at the local hospital. They admitted to her that they should have realised earlier what was wrong, but the chain of command broke down and messages/reports were never passed on. He died needlessly. It took her years to come to terms with her loss. Eventually she felt that it wasn't her fault but that of the hospital. She approached a well respected firm of solicitors that dealt with clinical negligence. She hoped that with the compensation she felt that she was entitled to she would donate it to a charity to help other parents in the same position. Unfortunately the solicitors told her that she had left it too late to do anything. She now suffers from the guilt of not fighting hard enough for what her son would have wanted to have happened. Sad story but it is only one of many that get left by the wayside.
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
    Part of the Furniture 100 Posts Name Dropper
    It might be worth checking the industrial injuries benefit route. This is a weekly paid benefit from the Govt if assessment is above a certain threshold. The 3 year rule relates to civil compensation claims not a claim for IIDB which can be made at any time. the IIDB route just has a limitation on backdating and the weekly amounts paid are way lower than a civil payout which can be thousands.
    http://www.pkc.gov.uk/CHttpHandler.ashx?id=19670&p=0
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/360297/bi100pd_print.pdf
  • lisaf
    lisaf Posts: 273 Forumite
    Hi D4nny,

    my dad had mesothelioma (not sure if that's the same as your Dad's condition but it was caused by asbestosis).
    He unfortunately passed away 12 years ago and didn't get time to claim himself.
    I really don't think you are too late to claim as I tried very recently and the only reason I couldn't progress was because my Dad's death cert said that he's died of hear failure and didn't actually name 'mesothelioma'.
    He had been given 2 years at diagnosis but 2 weeks after that he had an op to relieve the symptoms but due to his condition his heart couldn't withstand the op so he passed away 1 week later thus them putting 'heart failure' on the certificate.
    I will try and get the info for who I contacted recently about it but I'm sure it was a government body of some sort.

    Lisa x
  • benniebert
    benniebert Posts: 666 Forumite
    edited 20 March 2015 at 7:01PM
    lisaf wrote: »
    Hi D4nny,

    my dad had mesothelioma (not sure if that's the same as your Dad's condition but it was caused by asbestosis).
    He unfortunately passed away 12 years ago and didn't get time to claim himself.
    I really don't think you are too late to claim as I tried very recently and the only reason I couldn't progress was because my Dad's death cert said that he's died of hear failure and didn't actually name 'mesothelioma'.
    He had been given 2 years at diagnosis but 2 weeks after that he had an op to relieve the symptoms but due to his condition his heart couldn't withstand the op so he passed away 1 week later thus them putting 'heart failure' on the certificate.
    I will try and get the info for who I contacted recently about it but I'm sure it was a government body of some sort.

    Lisa x



    IIDB can be backdated up to 3 months.


    The government scheme is


    https://www.gov.uk/government/news/asbestos-victims-to-get-123000-in-compensation


    Shame that the government don't have a unlimited time scheme for compensation where hospitals cause injury or death to a patient through negligence. Mind you the NHS would quickly run out of money if there was one.
  • D4nny
    D4nny Posts: 128 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    densol wrote: »
    Was this exposure by paid employment as opposed self employed ? Is he receiving industrial diseases disability benefit ?

    it was by paid employment and im not 100% but i dont belive he is receiving that benefit no.
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