Mesothelioma Compensation

Mesothelioma Compensation

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

 

Please note:  In most cases of mesothelioma, it is possible for you to receive both benefits and a lump-sum payment from the government and then go on to receive civil damages.  However, the DWP may recover some of those benefits and any lump-sum payment from your civil/personal injury compensation.  

 

Exposed to Asbestos at Work?  

State (government) benefits for mesothelioma

Workers team

If you contracted mesothelioma at work, you may be entitled to Industrial Injuries Disablement Benefit.  You may also be entitled to benefits such as Personal Independence Payment or Attendance Allowance regardless of how you came in to contact with asbestos.  In addition, you may qualify for other state benefits depending on your circumstances.

 

Industrial Injuries Disablement Benefit

 

The UK Government currently categorises mesothelioma as a prescribed disease for the purposes of claiming Industrial Injuries Disablement Benefit (IIDB). Each disease has an allocated Prescribed Disease (PD) number.  Mesothelioma is Prescribed Disease D3.

To meet the 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. For example, it has been accepted that a secretary, who worked in an office building directly opposite a shipyard, contracted mesothelioma as a result of inhaling airborne fibres from the shipyard entering her work environment.

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 from GOV.UK

 

Exposed to Asbestos at Work?

State (government) compensation scheme for mesothelioma

work comp

Pneumoconiosis etc. (Workers Compensation) Act 1979

An award of Industrial Injuries Disablement Benefit for mesothelioma may also lead to entitlement to a payment under this workers’ compensation scheme introduced in 1979.

More information on government compensation for mesothelioma

 

Please note:  If you are refused a payment under the Pneumoconiosis etc. (Workers Compensation) Act 1979 for mesothelioma, you will automatically be considered for a payment under the Diffuse Mesothelioma Scheme 2008

 

A payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 may adversely affect any existing entitlement you may already have to other state(government) means-tested benefit such as Universal Credit, Income Support, Pension Credit, Housing Benefit etc. We strongly advise you to contact us before applying

 

Exposed to Asbestos at Work?  

Civil (personal injury) compensation for mesothelioma

 

When you are told, or become aware that you have an asbestos related condition, you will normally have a period of 3 years from that date in which to start a court action for compensation.

 

If you have been diagnosed with an asbestos-related condition, a claim for compensation must be brought within 3 years of the date you first became aware that you had that condition.  As the law stands in Scotland, if a claim is not brought within 3 years, you may be time-barred from bringing a claim.

Any employer who can be shown to have materially contributed to your asbestos related condition and who acted negligently may be liable to pay damages. Even if the employer has ceased trading, action can still be taken if an employers liability insurers can be traced.

More information on personal injury compensation for mesothelioma

 

What if I can’t trace an employer or insurer?

 

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.

More information on Diffuse Mesothelioma Payment Scheme 2014

 

Not Exposed to Asbestos at Work?  

 

State (government) compensation & benefits for mesothelioma

 

If you did not contract mesothelioma as a result of exposure to asbestos at work you will not qualify for Industrial Injuries Disablement Benefit.  However, you may be entitled to benefits such as Personal Independence Payment or Attendance Allowance.  

You may also be entitled to other state benefits depending on your circumstances.

As well as entitlement to state benefits, you may be eligible for a lump-sum payment under the Diffuse Mesothelioma Scheme 2008.  

 

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 information on Diffuse Mesothelioma Scheme 2008

 

A payment under the Diffuse Mesothelioma Scheme 2008 may adversely affect any existing entitlement you may already have to other state(government) means-tested benefit such as Universal Credit, Income Support, Pension Credit, Housing Benefit etc. We strongly advise you to contact us before applying

 

Not Exposed to Asbestos at Work?  

Civil (personal injury) compensation for mesothelioma

 

When you are told, or become aware that you have an asbestos related condition, you will normally have a period of 3 years from that date in which to start a court action for compensation.

mb4

Download information on mesothelioma (pdf)

For example, if you were a married woman and your husband worked in an asbestos polluted environment, like the shipyards, it could be possible that you contracted mesothelioma from washing your husband’s work clothes.  In this scenario, it may be possible for you to bring a claim for damages.

In order to determine whether a claim is possible, you will require the services of a specialist personal injury solicitor.

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

Last reviewed: January 2017