Please could you tell me how I can claim asbestos lung cancer at work compensation if the company at which I was exposed to asbestos is no longer in existence?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

Please could you tell me how I can claim asbestos lung cancer at work compensation if the company at which I was exposed to asbestos is no longer in existence?

Answer:

If the company at which you believe you were exposed to asbestos fibres or dust is no longer in existence, it may be possible to make a claim for asbestos lung cancer at work compensation against the company´s former employer liability insurers. Details of the insurance company are usually found by obtaining a copy of your employer´s annual returns which should be filed at the Companies Registration Office.

Thereafter, the procedure for claiming compensation for asbestos lung cancer at work is the same as for any other workplace injury for which your employer was to blame. An application for assessment of your claim is sent to the Injuries Board Ireland – quoting the name of the insurance company as the respondent and entering their address and your former employer´s insurance policy number in the “Relationship to Claimant” field.

It is more than likely that the insurance company will deny their liability for your condition and the Injuries Board will decline to assess your claim for asbestos lung cancer at work compensation – instead providing you with an “Authorisation” to pursue compensation for asbestos lung cancer at work through the courts. You should not worry about this, as it is only in rare cases that claims for asbestos lung cancer at work compensation are presented in court – they are more often resolved by negotiation between the insurance company and a solicitor acting on your behalf.

Therefore, it would be advisable to speak directly with a solicitor at the earliest possible opportunity because once the insurance company is advised by the Injuries Board Ireland that you are making a claim for asbestos lung cancer at work, they may approach you directly with an offer of settlement. If you inadvertently accept an offer of compensation for asbestos lung cancer at work – and the settlement proves to be inadequate to provide you with the medical care you are going to require in the future – you will not be able to go back to the insurance company and ask for more.

By speaking with an experienced solicitor sooner rather than later, the solicitor will be able to assist you with locating the insurance company to make your claim against, completing the application for assessment to the Injuries Board Ireland and representing you in negotiations with your former employer´s insurance company to ensure that you receive the maximum asbestos lung cancer at work compensation to which you are entitled.

See also: mesothelioma compensation, pleural thickening compensation.