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Claims for Asbestosis Against MoD

If you or a member of your family is suffering from asbestosis, due to work carried out for the MoD our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online claim enquiry form.

Military Asbestos Claim Eligibility
Making an Asbestosis Claim Against the MoD
Asbestosis Compensation
Specialist Armed Forces Industrial Disease Lawyers

Military Asbestos Claim Eligibility

In the past, asbestos was used heavily by the Ministry of Defence for a number of purposes, such as the construction of ships. Therefore many people employed by the MoD, civilian employees and military personnel alike, have been affected by asbestos related diseases.

For a civilian employee, a claim would be made in a similar way as against any other employer. For those who were exposed to asbestos through work as a member of the armed services however, there are certain laws that govern eligibility to make a claim. If the exposure occurred before 1987, when the Crown Proceedings Act came into force, a claim would not be possible, however there is the possibility of claiming a war pension. After 1987 however, the crown immunity was removed, making it possible to claim damages.

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Making an Asbestosis Claim Against the MoD

There have been many successful claims for compensation brought against the Ministry of Defence in respect of industrial disease. If you believe that you or a member of your family may be entitled to claim, it is important to seek legal advice from an experienced solicitor.

The first action to take is to compile as much information as possible, so that your solicitor may make a thorough assessment of your case. In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Asbestosis Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after contracting an industrial illness that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc. The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your illness, so that these can be reclaimed. The aim is to put you back in a position financially as if the ilness had never occurred.

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Specialist Armed Forces Industrial Disease Lawyers

At The Legal Line, our specialist personal injury solicitors are experienced in dealing with all types of industrial disease claim, including claims against the Ministry of Defence. They can provide expert advice, guidance and assistance to anyone who suspects that they or a family member are suffering from asbestosis, and use their experience to help pursue a claim for damages.

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