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Asbestos Compensation Claims

If you have been diagnosed with asbestosis, you may have certain questions in mind regarding the responsibilities of the employer, developer, or landlord in charge of the building where you contracted this disease. On this page, you will find general guidance relating to asbestos claims and the eligibility criteria for making a claim.

Asbestos Claims

Bringing an asbestos claim against a negligent third party

Asbestosis is a lung disease involving scarring and carcinoma caused by inhaling asbestos dust over long periods. Asbestos claims arise in circumstances where an individual has been exposed to asbestos dust, generally in the course of their employment. Exposure to it can also lead to other debilitating illnesses such as mesothelioma.

Since asbestos has long since been recognised as extremely harmful it is now thankfully increasingly rare but can remain in older buildings and industrial plants and become exposed during building, renovation or demolition works. In recent years, members of the armed forces were exposed to asbestos on some of the Irish naval fleets.

Asbestos claims are one of those classic cases where the date of knowledge is likely to apply. In many cases, the actual exposure, during which the injury could have arisen may have been decades ago, but the actual manifestation of asbestosis is the first time when someone realizes they’ve suffered a significant injury, and that it may be the result of a breach of duty by somebody else.

Identifying who it is that the appropriate parties are, can be quite difficult as a result of the amount of time that elapses in the meantime.

There have been a number of cases where people who have been exposed to asbestos haven’t ultimately developed the symptoms and have then tried to claim for psychological injuries as a result of the fear that they were going to become ill but didn’t. However, such cases have to date been unsuccessful.

In the event of a diagnosis of asbestosis, it would be important to go and make inquiries very quickly to find out if the sources of exposure can be identified and whether or not there may be a cause of action against whoever may be responsible.

Asbestos is becoming less and less prevalent but you will still have situations such as the demolition of old industrial buildings, etc, where people are not aware that there was asbestos present, and it’s only in the course of removing it that they realize that there’s been an exposure. Where asbestos is detected it is necessary to engage experts who can come in and remove it safely.

You may find the Health and Safety Executive’s web page on asbestos useful for further background reading.

 

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Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

  • What are the most common causes of asbestosis?

    Asbestosis is primarily caused by prolonged exposure to asbestos fibers, which are inhaled and become lodged in the lung tissues. This exposure typically occurs in occupational settings, such as construction, shipbuilding, manufacturing, and mining industries, where asbestos-containing materials are handled or disturbed. Over time, the fibers cause lung tissue to become scarred, leading to difficulty breathing and reduced lung function. Non-occupational exposure can also occur through secondary contact with asbestos dust brought home on clothing or through environmental exposure in areas near asbestos mines or factories. The risk of developing asbestosis increases with the duration and intensity of exposure, and it can take many years for symptoms to appear after the initial exposure.

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  • In what scenarios is it possible to bring a compensation claim?

    A compensation claim for asbestosis can be pursued if the diagnosis is linked to occupational asbestos exposure, especially if the exposure resulted from employer negligence, such as failure to provide adequate protective equipment or proper safety measures. Claims can also be made if a company did not follow regulations regarding asbestos handling or did not inform employees about the risks. Additionally, if exposure occurred due to the use of asbestos-containing products, a claim might be directed at manufacturers or suppliers. In some cases, family members exposed to asbestos fibers brought home on workers’ clothing may also have grounds for a claim.

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  • How can I prove that an employer caused my asbestosis?

    To prove your case, you need to demonstrate a clear link between your asbestos exposure at work and your illness. Gather evidence such as employment records showing you worked in environments with asbestos risk. Obtain witness statements from coworkers confirming asbestos exposure at your workplace. Secure safety records or reports indicating the presence of asbestos and any lack of protective measures or training. Medical records and expert testimony from doctors specialising in asbestos-related diseases can help establish the connection between your exposure and your diagnosis. Documentation of the employer’s knowledge of asbestos hazards and failure to comply with safety regulations strengthens your case.

Start your asbestos compensation claim

If you have been diagnosed with asbestosis and you believe a negligent third party is responsible, get in contact with our solicitors today for further information on bringing a case. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.

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About McCarthy + Co

With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including asbestos compensation claims cases. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland. You can count on us for legal advice, guidance, and assistance on any form of personal injury.

Useful Resources

Some links relating to asbestos that you may find useful.

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wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

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is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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