Asbestos-related diseases can take decades to develop. By the time someone is diagnosed with mesothelioma, asbestosis or another asbestos-related condition, the company they worked for may have closed 30 or 40 years earlier.

It’s something I regularly encounter. People sometimes assume there’s no point investigating a claim because their former employer no longer exists. But the company having closed doesn’t necessarily mean the opportunity to claim compensation has gone with it.

The first thing we look for is the company’s employers’ liability insurance.

Employers have generally been required to hold this insurance since 1 January 1972, although many had policies long before then.

Even where a company has been dissolved or gone into liquidation, its former insurer may still be responsible for meeting a compensation claim. In certain circumstances, we can pursue the insurer directly.

We also look carefully at your employment history. If you were exposed to asbestos while working for several employers, it may be possible to claim against one that is still trading.

This is particularly important in mesothelioma cases. Where several employers negligently exposed someone to asbestos, it may be possible to recover full compensation from just one of them, even if the others have disappeared.

We usually start with the Employers’ Liability Tracing Office (ELTO), which maintains a database of historical insurance policies.

Sometimes we can identify the insurer quite quickly. In other cases, particularly where the employer closed many years ago, it takes considerably more investigation.

If an initial search is unsuccessful, we may examine Companies House records, contact former directors or company secretaries for insurance details, or approach other specialist asbestos solicitors and support organisations. We can also instruct insurance investigators who specialise in tracing historical policies.

I’ve dealt successfully with cases where the insurance initially seemed impossible to trace.

One involved a former asbestos removal worker who developed mesothelioma after working at a factory in Norwich. We couldn’t initially identify his employer’s insurer and had to consider alternative ways of obtaining compensation.

We eventually traced the insurance, although the insurer disputed liability. The claim ultimately settled for £665,000, with additional provision for future private treatment.

Read more about how we secured £665,000 in compensation for a former asbestos removal worker.

It’s a good example of why an unsuccessful initial search shouldn’t be taken as the end of the road.

Occasionally, we trace the relevant insurance only to discover that the insurer itself has become insolvent.

Fortunately, there may still be a way to recover compensation.

The Financial Services Compensation Scheme (FSCS) provides protection where an insurer has failed and cannot meet an eligible claim.

In many employers’ liability cases, the FSCS can meet the full amount of compensation due. However, different rules may apply to some historical insurance arrangements, particularly those predating compulsory employers’ liability insurance.

We would investigate the position and establish what compensation may be recoverable.

If you have been diagnosed with mesothelioma following asbestos exposure at work, the Diffuse Mesothelioma Payment Scheme (DMPS) may provide another route to compensation.

Introduced in 2014, the scheme was designed for people who cannot pursue a civil claim because the responsible employer has disappeared and its insurer cannot be traced.

To qualify, you must meet certain conditions, including having been diagnosed with diffuse mesothelioma on or after 25 July 2012 following asbestos exposure during employment in the UK.

Payments are based on your age at diagnosis. The tariffs increased substantially in November 2025, which was welcome news for those who qualify.

However, the scheme has limitations. Awards can be considerably lower than compensation recovered through a successful civil claim, and there is no separate provision for future private medical treatment.

The DMPS is also restricted to mesothelioma. It isn’t available to people diagnosed with asbestosis, asbestos-related lung cancer or diffuse pleural thickening.

My colleague Helen Childs explains more about the DMPS payment increases and the scheme’s remaining shortcomings.

For these reasons, it’s important to investigate every possible civil claim before relying on the DMPS.

You may still be able to claim compensation if your former employer has closed, but the legal position differs from mesothelioma claims.

With asbestosis and diffuse pleural thickening, compensation is generally apportioned according to each responsible employer’s contribution to the harmful asbestos exposure. This involves considering factors such as how long you were exposed and the intensity of that exposure.

Asbestos-related lung cancer claims can also involve apportionment between employers.

Unfortunately, this means that if one responsible employer is insolvent and its insurer cannot be traced, you may be unable to recover that employer’s share of the compensation.

It’s another reason why we investigate the insurance arrangements of every potentially responsible employer, rather than concentrating solely on the most recent one.

Even where a civil claim isn’t possible, you may qualify for government benefits or a lump sum payment.

Industrial Injuries Disablement Benefit (IIDB) may be available if you developed a prescribed asbestos-related disease through employment. This includes mesothelioma, asbestosis and certain forms of asbestos-related lung cancer and diffuse pleural thickening.

You may also qualify for a lump sum under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. This is intended to help people with certain occupational diseases where the relevant employers have ceased trading and the other eligibility requirements are met. These include conditions relating to IIDB entitlement and whether legal proceedings for damages have already been brought.

There is also the 2008 Diffuse Mesothelioma Scheme, which may provide a payment to people with mesothelioma who do not qualify under the 1979 Act and meet the scheme’s other conditions. It can help those exposed to asbestos outside employment, for example through washing a family member’s contaminated work clothes, environmental exposure or self-employment.

These schemes have different eligibility rules and payment arrangements. Some benefits and lump sums may also be deducted from compensation subsequently recovered through a civil claim.

My colleague Olivia Hanna explains the options in more detail in her article, Asbestos benefits explained: What can you claim and what can be deducted from your compensation?

Is there a time limit for claiming compensation?

Yes, and it’s important not to delay seeking advice.

In England and Wales, the usual time limit for bringing a civil claim is three years from the date you knew, or ought reasonably to have known, that your illness was attributable to asbestos exposure. The court can allow claims outside this period in certain circumstances.

Government schemes have their own deadlines.

Applications under the DMPS must generally be made within three years of diagnosis, while claims under the 2008 Diffuse Mesothelioma Scheme normally need to be submitted within 12 months. The 1979 Act scheme also has specific time limits.

If someone has died from an asbestos-related disease, their family may still be able to pursue compensation, although different rules and deadlines can apply.

Even if you think you’ve left it too late, it’s always worth checking before ruling out a claim.

You don’t need to know who insured your former employer or even whether the company still exists.

What matters initially is what you can remember about your working life. Approximate employment dates, workplace locations and details of the work you carried out can all help us begin our investigations.

At RWK Goodman, our specialist asbestos and mesothelioma solicitors have extensive experience of tracing historical insurers and pursuing claims involving companies that ceased trading many years ago.

We can investigate your employment history, establish whether insurance is available and advise you about other sources of compensation.

I’ve spoken to people who were surprised to discover that a claim was still possible after so many years. Some had assumed there was nothing they could do.

If you’ve been diagnosed with an asbestos-related disease, please don’t let the fact that a former employer has disappeared put you off seeking advice. There may still be a way forward.