Asbestos claims Scotland
If you have been diagnosed with mesothelioma, asbestosis, pleural plaques, or another asbestos-related illness, you may be entitled to claim compensation. Asbestos exposure in Scotland was widespread in industries including shipbuilding, construction, engineering and manufacturing, particularly in the Clyde and Forth valleys.
This guide explains who can claim, how much compensation may be available, and how to start the process under Scots law.
TL;DR: Asbestos disease claims in Scotland have special time limit rules. Legal aid may be available alongside No Win No Fee, and former colleagues or family members can sometimes bring a claim on behalf of someone who has died. Call 0800 123 4567 for a free, urgent assessment.
What asbestos-related diseases can you claim for in Scotland?
Mesothelioma
Mesothelioma is a cancer of the lining of the lung (pleural mesothelioma) or abdomen (peritoneal mesothelioma). It is caused almost exclusively by asbestos exposure and typically develops 20 to 50 years after exposure. Mesothelioma claims are treated with particular urgency because the condition is terminal and the injured person needs access to funds while they can still benefit.
Asbestosis
Asbestosis is a chronic lung condition caused by inhaling asbestos fibres over a prolonged period. It causes progressive scarring of the lung tissue and can lead to severe breathing difficulties and significant disability.
Pleural plaques
Pleural plaques are areas of thickened tissue on the lining of the lung caused by asbestos exposure. In Scotland, pleural plaques can give rise to a compensation claim for the anxiety caused by knowing you have been exposed to asbestos and are at risk of developing a more serious disease. This is an important difference from England, where the House of Lords ruled in 2007 that pleural plaques alone do not constitute a compensable injury. The Scottish Parliament passed the Damages (Asbestos-Related Conditions) (Scotland) Act 2009 to restore the right to claim for pleural plaques in Scotland.
Pleural thickening
Diffuse pleural thickening is a more serious form of asbestos-related lung change that can cause significant breathlessness and disability.
Lung cancer
Where lung cancer is caused or contributed to by asbestos exposure, a personal injury claim can be brought. This is more complex than a mesothelioma claim and requires expert medical evidence establishing the contribution of asbestos to the cancer.
Who was at risk of asbestos exposure in Scotland?
Asbestos was widely used in Scotland until the 1980s and was not fully banned until 1999. Industries with the highest historical exposure include:
- Shipbuilding (Clyde shipyards, Rosyth dockyard)
- Construction and demolition
- Insulation lagging and pipe work
- Power stations and heavy engineering
- School and hospital building maintenance
- Boiler and heating system installation
- Railways
Many people were exposed without knowing it, either directly through their occupation or secondhand through family members who worked with asbestos and brought fibres home on their clothing.
Can you claim if the employer no longer exists?
Yes. Many Scottish employers who exposed workers to asbestos have since gone out of business. However, employers were required to have employers' liability insurance, and their insurers remain liable for claims even after the employer has ceased trading. Tracing the relevant insurer is a standard part of an asbestos claim, and your solicitor will handle this.
Where an insurer cannot be traced, claims may be made to the Diffuse Mesothelioma Payment Scheme (DMPS) or the Financial Services Compensation Scheme (FSCS).
What is the time limit for an asbestos claim in Scotland?
Asbestos disease claims in Scotland are subject to the three-year time limit under the Prescription and Limitation (Scotland) Act 1973. However, the rules are applied differently for asbestos cases.
For a long-latency disease such as mesothelioma, the three-year period runs from the date of knowledge: when the claimant first knew, or could reasonably have known, that their condition was caused by asbestos exposure. This is typically the date of diagnosis, not the date of original exposure.
For a person who has died from an asbestos-related disease, their family or estate has three years from the date of death to bring a claim.
Given the urgency of mesothelioma cases, solicitors will often seek to progress the claim as quickly as possible. Do not delay in seeking advice.
How much compensation can you receive for an asbestos-related disease?
Asbestos disease compensation covers general damages and special damages, as with other personal injury claims.
General damages
| Disease | Approximate range |
|---|---|
| Pleural plaques (Scotland only) | £3,000 to £10,000 |
| Pleural thickening, mild symptoms | £8,000 to £20,000 |
| Pleural thickening, severe symptoms | £20,000 to £45,000 |
| Asbestosis, mild | £12,000 to £25,000 |
| Asbestosis, severe | £45,000 to £100,000+ |
| Mesothelioma | £68,000 to £145,000 |
Special damages
Special damages in asbestos claims include lost earnings (where the disease has reduced working capacity or ended employment), care costs, medical expenses, and loss of pension rights. In mesothelioma cases, the cost of any private treatment, adaptations to the home, and travel for treatment are all recoverable.
Can a family member claim if the person has died?
Yes. Where a person has died from an asbestos-related disease, their family can bring a claim on their behalf. In Scotland, this is done under the Damages (Scotland) Act 2011, which allows close relatives to claim:
- Loss of the deceased's financial support and services
- Loss of society and affection (a Scottish provision with no direct English equivalent)
- The deceased's own solatium and financial losses before death
A claim can be brought by a spouse, civil partner, cohabiting partner, child, or other close relative. Your solicitor can advise on who has a right to claim in your specific circumstances.
What if the exposure happened partly in Scotland and partly elsewhere?
Where asbestos exposure occurred across different parts of the UK or in other countries, Scots law may still apply depending on where the employment was based and where the claimant was working at the time of exposure. Your solicitor will advise on the applicable law.
Is an asbestos claim handled on No Win No Fee?
Yes. Asbestos and mesothelioma claims are handled on a No Win No Fee basis:
- You pay nothing to begin your claim
- You pay nothing if your claim does not succeed
- If your claim succeeds, you keep 100% of your compensation
In mesothelioma cases, given the urgency of the situation, solicitors often work to an accelerated timetable and can seek emergency interim payments from the defendant's insurer at an early stage.
What government support is available alongside a compensation claim?
Making a compensation claim does not affect your entitlement to government support. Mesothelioma sufferers in Scotland may be entitled to:
- Industrial Injuries Disablement Benefit (if the exposure was occupational)
- The Diffuse Mesothelioma Payment Scheme (where an employer's insurer cannot be traced)
- Attendance Allowance or Personal Independence Payment
- Welfare benefits for carers
Your solicitor can advise on how to access these alongside your claim.
Frequently asked questions
Can I claim for pleural plaques in Scotland? Yes. Unlike England, Scotland allows compensation claims for pleural plaques following the Damages (Asbestos-Related Conditions) (Scotland) Act 2009. You can claim for the anxiety caused by knowing you have been exposed to asbestos.
What if I cannot remember exactly where or when I was exposed? This is common in asbestos claims. Your solicitor will take a detailed employment history and work to identify the exposure. Former colleagues may be contacted as witnesses, and employment records can often be obtained from former employers or HMRC.
How long does a mesothelioma claim take? Mesothelioma claims are treated with urgency because of the prognosis. Many settle within 6 to 12 months. Interim payments can often be obtained within weeks of the claim being opened.
Can I claim if my exposure was secondhand (through a family member)? Where a family member brought asbestos fibres home on their clothing, causing secondhand exposure, a claim may be possible against that person's former employer. These cases are more complex but have succeeded in Scottish courts.
Do I need to have worked in a specific industry? No. Asbestos exposure can occur in many settings, including schools, hospitals, old buildings, and domestic properties. Your solicitor will assess whether the exposure gives rise to a claim regardless of the industry.
What happens to my claim if I die during the process? Your claim does not end with your death. Your family or estate can continue the claim on your behalf, and the compensation forms part of your estate.
Start your asbestos claim today
A diagnosis of mesothelioma or another asbestos-related disease is frightening. We can take care of the legal process so you and your family can focus on what matters.
Call 0800 123 4567 for a free, urgent assessment. We handle asbestos disease claims across Scotland on a No Win No Fee basis and will move as quickly as your circumstances require.
