Based on reporting by Daily Record, 15 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a man in his mid-70s from Clydebank passed away in July 2024, just months after receiving a diagnosis of a malignant tumour believed to be mesothelioma, a cancer strongly associated with asbestos exposure. A post-mortem is reported to have confirmed the presence of a significant tumour in his right lung, as well as a separate condition called pleural plaques, which causes hardening of the lung lining. Both conditions are linked to asbestos exposure.
The Daily Record reports that the man had worked professionally as an asbestos remover, and his family claim he was not provided with adequate safety equipment during that employment. His daughter, a woman in her 30s, is now appealing for his former workmates to come forward, as she believes they may hold important information about working practices at the time that could support the family's pursuit of justice.
As reported by the Daily Record, the family's hope is that former colleagues may be able to shed light on conditions experienced across a number of workplaces, potentially helping other families in a similar position as well as their own.
Asbestos and workplace illness claims in Scotland
Mesothelioma and other asbestos-related diseases occupy a distinct and serious category within Scottish personal injury law. Because these illnesses can take several decades to develop after the original exposure, many claims arise long after the employment in question has ended, and sometimes after the affected person has already died.
In Scotland, employers have a long-standing legal duty to protect workers from known hazards, including exposure to asbestos. Relevant legislation has included the Factories Act 1961, the Asbestos Regulations 1969, and later the Control of Asbestos at Work Regulations, among others. In incidents of this kind, liability often rests with the employer or employers responsible for site conditions and the provision of appropriate protective equipment at the time of exposure. Where a company has since closed or been acquired, it may still be possible to trace insurers who held the relevant employers' liability policies.
Because exposure can span multiple employers and sites over a working life, building a clear picture of where and when contact with asbestos occurred is often central to a claim. Witness evidence from former colleagues can play a particularly significant role, which explains why the family in this case are appealing publicly for workmates to come forward.
Where the person who was exposed has since died, the claim does not end with them. Under the Damages (Scotland) Act 2011, close relatives have the right to pursue a claim on behalf of the deceased's estate and in their own right as bereaved family members.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, personal injury claims in Scotland must generally be raised within three years of the date on which the injured person became aware, or ought reasonably to have become aware, that they had suffered a significant injury and that it may have been caused by another party's act or omission. In asbestos-related disease cases, this date is typically the date of diagnosis rather than the date of original exposure, given how long these illnesses take to emerge.
Where a person has died, the three-year period for relatives to bring a claim ordinarily runs from the date of death, or the date on which relatives first became aware that the death may be connected to a negligent act or omission. Courts do retain a discretion to allow claims outside this period in certain circumstances, but it is always preferable to seek legal advice well within the limit rather than to rely on that discretion.
Families in this situation do not need to act hastily, but neither should the three-year period be allowed to pass without consideration. Gathering witness evidence and employment records takes time, and beginning that process sooner rather than later is generally in the family's interest.
What compensation can cover
In a fatal asbestos claim in Scotland, compensation may be available under several heads. These include:
- Loss of support: Where the deceased contributed financially to the household, dependants may be entitled to a sum reflecting what they have lost.
- Funeral costs: Reasonable funeral and burial expenses can form part of a claim.
- Grief and loss of society: Under the Damages (Scotland) Act 2011, close relatives including a spouse or civil partner, children, and parents may each be entitled to a sum reflecting the distress of bereavement and the loss of the deceased's companionship and guidance. These are sometimes referred to as loss of society awards.
- Solatium for the deceased: Where the person who was ill survived for a period after diagnosis, a sum for the pain and suffering they experienced during that period may be claimed as part of the estate's entitlement.
- Care and assistance: If family members provided care to the deceased during their illness, the value of that care may be recoverable.
Amounts vary depending on the specific circumstances of each case, the relationships involved, and the severity and duration of the illness. Specialist legal advice will provide a clearer indication of what a particular claim might be worth.
It is worth noting that in Scotland, solicitors handling personal injury and fatal accident claims of this kind typically work on a no-win, no-fee basis, and fees are not deducted from any compensation awarded.
Frequently asked questions
Can a family claim compensation if the person exposed to asbestos has already died?
Yes. Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of a work-related illness may bring a claim in their own right. This can include a surviving spouse or civil partner, children, and parents. A claim may also be brought on behalf of the deceased's estate for any suffering experienced before death.
What if the company the person worked for no longer exists?
This is a common situation in asbestos cases, given how many decades can pass between exposure and illness. It is often possible to trace the employers' liability insurer that held the relevant policy at the time. Specialist legal practitioners have experience in locating historical insurance records and pursuing claims through those routes.
How important is witness evidence from former colleagues?
Witness evidence can be very significant. Former workmates may be able to describe site conditions, the equipment provided, and the general practices of an employer at the relevant time. This kind of testimony helps establish what a claimant was exposed to and whether proper precautions were in place, which is often central to determining liability.
How long does an asbestos disease claim typically take?
Timescales vary depending on the complexity of the case, the number of employers involved, and how readily historical records can be obtained. Some cases resolve within months; others, particularly those involving multiple employers or disputed medical evidence, can take longer. Solicitors experienced in this area can give a more realistic estimate once the specific circumstances are known.
Is there any cost to the family for pursuing a claim?
Most personal injury and fatal accident solicitors in Scotland offer a no-win, no-fee arrangement. Under such agreements, if the claim is unsuccessful, no fee is charged. If compensation is recovered, fees are not deducted from the award itself. Families should clarify the precise terms at the outset of any engagement with a legal representative.
Based on reporting by Daily Record, 15 October 2026. All rights in the original report remain with the publisher.