My employer exposed me to asbestos years ago. Can I still claim?

What the Law Says

The Limitation Act 1980 sets time limits for bringing legal claims in the UK. For personal injury claims like asbestos-related disease, the standard 3-year time limit does not begin on the date of exposure — but rather on the 'date of knowledge'.

Under section 14 of the Limitation Act 1980, the 3-year limitation period for personal injury claims starts not when the harm occurred, but when the claimant first had 'knowledge' — or reasonably should have had knowledge — that their injury was significant and attributable to the defendant's act or omission.

This is especially important for asbestos diseases (e.g., asbestosis, mesothelioma, lung cancer), which often take 20–50 years to develop after exposure. The law recognises that people cannot be expected to sue decades before they know they are ill or that their illness is linked to asbestos.

The 'date of knowledge' includes knowing both that the injury is serious enough to justify legal action, and that it was likely caused by the exposure — for example, after a medical diagnosis and explanation from a doctor.

Statutory Text

In this section 'date of knowledge' means the date on which the person first had knowledge— (a) that the injury was significant; and (b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty.

— Limitation Act 1980, s. 14 — Date of knowledge

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