Discovering that an illness such as mesothelioma, asbestosis or pleural thickening is linked to asbestos exposure can raise many questions. One of the most common is:
“Can I still make a claim if the company I worked for closed down years ago?”
The reassuring answer is yes, in many cases you can.
Many successful asbestos compensation claims involve employers that no longer trade. Thanks to historic employer liability insurance and specialist investigations, it is often still possible to pursue compensation even decades after the exposure occurred.
Asbestos-related diseases typically develop many years after exposure.
Why Does This Happen So Often?
For many people, symptoms don’t appear until 10, 20, 30 or even 40 plus years after working with asbestos. During that time, businesses may have:
- Been taken over
- Changed their name
- Gone into liquidation
- Ceased trading altogether
While this understandably causes concern, it doesn’t necessarily prevent a claim.
How Can You Claim Against a Company That No Longer Exists?
Most employers have been legally required to carry Employers’ Liability Insurance.
This insurance is designed to cover compensation claims made by employees who become ill or injured because of their work, even if the claim is made many years later.
If the insurer can be identified, your claim is usually pursued against the insurance company rather than the former employer itself.
This means that the closure of the business does not automatically prevent compensation from being available.
How Do Solicitors Find Old Insurance Policies?
Tracing historic insurance is often one of the most important parts of an asbestos claim.
Specialist asbestos solicitors can investigate using:
- employment records
- HMRC employment history
- Companies House records
- historic insurance databases
- trade directories
- witness evidence
- union records
- former colleagues
Over time, a picture can often be built showing where you worked, when you were exposed and which insurer may have provided cover.
What If I Can’t Remember Every Employer?
This is completely understandable.
Many people were exposed to asbestos decades ago and may have worked for several employers throughout their career.
You don’t need to remember every detail before seeking legal advice.
An experienced asbestos solicitor can help piece together your employment history using official records and other available evidence.
Even small details, such as the type of work you carried out, the town where you worked or the names of colleagues, can help build your claim.
What If No Insurance Can Be Found?
Sometimes, despite extensive investigations, an insurer cannot be traced.
This doesn’t always mean compensation isn’t available.
Depending on your circumstances, other options may exist, including government compensation schemes or alternative routes to financial support.
A specialist asbestos solicitor can explain which options may be available based on your individual situation.
Does It Matter How Long Ago I Was Exposed?
Not necessarily. Unlike many personal injury claims, asbestos claims recognise that illnesses often develop decades after exposure.
Time limits usually begin from the date you were diagnosed, or when you first became aware that your illness was related to asbestos exposure, rather than when the exposure itself occurred.
Because every situation is different, it’s important to seek legal advice as soon as possible after diagnosis.
What Information Will Help My Claim?
Don’t worry if you don’t have all the answers.
The following information can be helpful:
- The names of employers you remember
- The years you worked there
- Your job role
- The type of work you carried out
- Where you believe asbestos exposure occurred
- Names of former colleagues who may remember the working conditions
Even if your recollection is incomplete, an experienced solicitor can often carry out further investigations on your behalf.
You’re Not Alone
Many people assume they cannot claim because the company responsible disappeared years ago.
In reality, this is one of the most common situations encountered in asbestos litigation.
With the right investigations, it is often possible to identify insurers, gather evidence and pursue compensation, even many years after the exposure took place.
Speak to Our Specialist Team
If you’ve been diagnosed with an asbestos-related illness and are concerned because your former employer no longer exists, don’t assume a claim isn’t possible.
At Asbestos Justice, we understand how worrying this situation can feel. Our specialist team can investigate your employment history, trace historic insurers where possible and explain your options with clear, compassionate advice.
Contact us today for a confidential, no-obligation discussion about your circumstances.
Frequently Asked Questions
Can I claim if my employer closed decades ago?
Yes. Many asbestos claims are successfully made against the employer’s historic insurance company.
What if I don’t know who insured my employer?
A specialist solicitor can carry out investigations to trace historic insurance records.
Can I still claim if I worked for several employers?
Yes. Your solicitor will investigate where the exposure is most likely to have occurred and who may be responsible.
What if I can’t remember exact dates?
That’s common. Employment records and other evidence can often help fill in the gaps.
Do I need proof of asbestos exposure?
Not necessarily. Your solicitor can help gather evidence through employment records, witness statements and other documentation.