Asbestos-related Industrial Injuries Disablement Benefit & Compensation

 

Outlined below are benefits & compensation which you may qualify for if you are suffering from a ‘prescribed asbestos-related disease’.  However, it’s possible that you may also be entitled to other state benefits.

A disease or injury is ‘prescribed’ when it is a risk arising from a person’s occupation and not a risk common to everybody. The Industrial Injuries Advisory Council (IIAC) makes recommendations to the Secretary of State on what diseases the Industrial Injuries Scheme covers.

If you are suffering from pleural plaques only, you do not qualify for Industrial Injuries Disablement Benefit but you may be entitled to pursue a civil claim for compensation

An award of Industrial Injuries Disablement Benefit, or a payment under any of the compensation schemes detailed below, may adversely affect any existing entitlement you may have to other state (means -tested) benefits. We strongly advise you to contact us before applying for any benefits/compensation discussed on this page

If you live in Northern Ireland, you can access more information and download application forms for Industrial Injuries Disablement Benefit & state/government compensation via ni direct

 

The UK Government currently only accepts  the following prescribed diseases as asbestos related for the purposes of claiming Industrial Injuries Disablement Benefit (IIDB). Each disease has an allocated Prescribed Disease (PD) or (D) number i.e D1, D3, D8, D8A & D9.

 

  • D1 – Asbestosis
  • D3 – Mesothelioma
  • D8 – Primary carcinoma of the lung where there is accompanying evidence of asbestosis
  • D8A– Primary carcinoma of the lung
  • D9 – Diffuse Pleural Thickening

 

To qualify for Industrial Injuries Disablement Benefit, you must be suffering from a prescribed asbestos disease. You must also show that you have been exposed to asbestos while working for an employer (employed earner)  in a prescribed occupation.

 

To meet the criteria for D8A exposure to asbestos must have been in the course of:

 

a) The manufacture of asbestos textiles; or
b) Spraying asbestos; or
c) Asbestos insulation work; or
d) Applying or removing materials containing asbestos in the course of ship building.

The minimum specified periods of exposure for these occupations is either:

a) 5 years pre 1975 (in aggregate); or
b) 10 years post 1975 (in aggregate).

 

Criteria for D3 –  Diffuse Mesothelioma

 

(primary neoplasm of the mesothelium of the pleura or of the pericardium or of the peritoneum. A cancer starting in the covering of the lungs or the lining of the abdomen) it is not necessary to demonstrate that you worked directly with asbestos, you need only show that you were employed in a job which led to you being exposed to…. “asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large”.  In practice, this could involve any occupation where you may have been exposed to asbestos.

 

Financial help for Mesothelioma

Compensation & Benefits

 

Those who contract mesothelioma generally fall into two categories:

 

•Those who contract mesothelioma as a result of exposure to asbestos while working for a past or current employer

•Those who either were not, or cannot demonstrate that they were, exposed to asbestos at work, which may have led to them contracting mesothelioma

 

There are also two main categories of compensation:

 

  • State or government compensation in the form of benefits and no fault compensation schemes
  • Compensation from bringing a legal action against those employers who exposed you to asbestos

More information on Mesothelioma Compensation

 

dl1You can apply for IIDB using form BI100PD 
The form can be downloaded here (pdf)

 

 


Assessing your claim for IIDB

 

Applications for Industrial Injuries Disablement Benefit (IIDB) for asbestosis and diffuse pleural thickening require an applicant to attend a medical which will be arranged by the Jobcentre Plus and will involve accessing your medical records in order to make a decision on your claim.

Applications for mesothelioma and lung cancer do not normally require a medical examination but you do need confirmation from a medical professional that you have been diagnosed with the disease.

More information on how your application for IIDB is assessed 

 

If you cannot act for yourself

 

If you wish to claim Industrial Injuries Disablement Benefit but you are unable to act for yourself because of physical or mental incapacity, the Secretary of State can appoint someone to act on your behalf. If this happens, the person appointed is responsible for dealing with all your social security affairs, including claiming and receiving benefits. They are also responsible for notifying any changes of circumstances which may affect your benefit. SS (C&P) Regs 1987 reg 33

If you are able to handle your own affairs but want someone else to collect your benefit for you regularly, you may be able to make arrangements with your bank, building society or the Post Office®. Please ask them to help you with this. SS (C&P) Regs 1987 reg 20A(4)(b)

If someone who was disabled because of an accident at work or a prescribed disease dies

 

If someone who has not claimed Industrial Injuries Disablement Benefit dies, but they would have qualified for this benefit, a claim can be made on their behalf, for example by a widow or surviving civil partner. SS (C&P) Regs 1987 reg 30(5)

If someone who has claimed Industrial Injuries Disablement Benefit dies, any outstanding benefit can be paid to a third party, for example an executor or next of kin. SS (C&P) Regs 1987 reg 30(2)

There is a 12 month time limit from death to apply.  As the application is posthumous, any award of IIDB will be restricted to the equivalent of 3 months arrears of benefit.

www.gov.uk/become-appointee-for-someone-claiming-benefits

 

State (government) Compensation Scheme(s)

 

Pneumoconiosis etc. (Workers Compensation) Act 1979

 

 

An award of Industrial Injuries Disablement Benefit may also lead to entitlement to a payment under the above scheme.  Find out more……

 

Diffuse Mesothelioma Scheme 2008

 

Prior to 2008, there was no entitlement to state compensation for those diagnosed with mesothelioma unless they could show that they had contracted the disease at work. This new scheme therefore covers for the first time those who contracted mesothelioma from domestic or environmental exposure to asbestos.  Find out more……..

 

Diffuse Mesothelioma Payment Scheme (DMPS) 2014

 

You may be able to claim if all of the following apply:

• you were diagnosed with diffuse mesothelioma on or after 25 July 2012
• your mesothelioma was caused by exposure to asbestos when working in the UK
• you can’t trace the employer that exposed you to asbestos, or their insurers
• you haven’t made a civil claim against any employer or insurer
• you haven’t received damages or a specified payment for mesothelioma and you’re not eligible to a specified payment.  Find out more……

Dependants’ Claim

 

If you’re the dependant (spouse, child, partner or relative) of someone who suffered from an asbestos related disease but who has died, you may be able to make a claim for the compensation outlined above. A dependant claim must be made within 12 months of the death of the sufferer.

Find out who qualifies as a dependant……

 

Contains public sector information licensed under the Open Government Licence v3.0.

Last reviewed: January 2017