Asbestos compensation schemes explained

The World Health Organisation has stated that there is no ‘safe’ level for asbestos fibres. Even minimal exposure can lead to Mesothelioma, a cancer of the lining of organs such as the lungs.

The condition can take 40 or 50 years to develop, so organisations you might be able to claim from, such as former employers or their insurers, can sometimes be impossible to track down.

UK Governments have recognised this difficulty and have created schemes that compensate victims and their families who find themselves in this situation.

Here is a brief overview of the two schemes currently running. The eligibility rules for each are quite involved, so please contact us if you would like to explore a potential claim in detail.

Diffuse Mesothelioma Payments (‘2008 scheme’)

This scheme is for people who are not eligible for any other Government scheme and who have not received a payment from another source, such as an employer or the MoD.

It provides a one-off payment which is worked out on a sliding scale, according to age at diagnosis.

  • Open to employees and contractors, as well as to people exposed for example because they lived close to a factory or because they washed an exposed worker’s clothes.
  • Dependents of victims who have died may also claim.
  • Exposure must have taken place in the UK.
  • Claims must be made within 12 months of diagnosis, or of the sufferer’s death if you are a dependent.
  • The scheme will not pay your legal fees, but some firms, including ours, offer no-win, no-fee terms.

The Diffuse Mesothelioma Payment Scheme

The January 2014 Mesothelioma Act pays a one-off lump sum to former employees or their dependents, in cases where the employer and its insurer cannot be traced.

Compensation is worked out according to age at diagnosis, which must have taken place on or after July 25th 2012.

  • Exposure must have taken place in the UK.
  • Claimants must not have made a civil claim against any employer or insurer.
  • Claimants must not have received damages or be eligible for a specified payment.
  • Sufferers must make a claim within three years of the Diffuse Mesothelioma diagnosis or in the case of dependents, of the sufferer’s death.

It is possible to apply to either scheme yourself, but there is a lot of paperwork involved and information to compile. Many people choose to use a Solicitor.

If you would like further information please contact us. We will review your case free of charge and without obligation - and we often work on a no-win/no-fee basis.

Road Traffic accidents

  • Simple Whiplash rear end shunt claims to complex claims involving paraplegia.
  • Fatal accident claims.

Accidents At Work

  • Personal injuries suffered during the course of employment
  • Manual handling operations injuries
  • Slips and trips
  • Work related upper limb disorders
  • Mesothelioma & asbestosis claims.

Public Liability & Occupier’s Liability

  • Claims against councils and others where injuries have been sustained i.e. slips and trips
  • Injuries sustained in public places i.e. children’s parks/playgrounds and shops
  • Sporting injuries sustained in public or private grounds
  • Dog bite & dangerous horse injuries
  • Injuries on club premises
  • Injuries caused by independent contractors
  • Injuries in schools, injuries in swimming pools
  • Injuries in prisons
  • Claims against neighbours regarding defective premises causing injury
  • Public utilities liability.

Landlord & tenant, private/local authority

  • Housing disrepair claims

Product Liability

  • Defective electrical equipment, defective vehicle, defective drug/medication, defective chemical products, food poisoning due to defective packaging are examples.

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