Civil Compensation is an entitlement of those people, regardless of age and health, who have developed an asbestos illness caused by their exposure to asbestos dust in the workplace. As well as workers being eligible to compensation so too might family members suffering from an asbestos illness who were exposed to asbestos dust taken out of a workplace on the clothing or skin of another family member.
Claims are brought against the responsible employer(s) and in those instances were the company has become dissolved against the relevant defunct company insurers. We are experienced in tracing responsible insurers and have an extensive database of companies we have come across.
If a responsible insurer cannot be found a sufferer must sadly rely upon government payments and benefits. However, this is not necessarily the case for those who are suffering from mesothelioma or to the families of deceased victims. The Mesothelioma Act 2014 provides substantial compensation packages, up to £123,000, in instances were a diagnosis of mesothelioma was made on or after 25th July, 2012.
Generally speaking claims must be started within three years of your diagnosis or from the time you first learned of your condition. This three year trigger point is often not straightforward to calculate and if you have any doubts you must speak with us now. The courts have discretion to disapply time periods for claiming compensation if there are good reasons for delay in bringing a claim. In the case where somebody has passed away from an asbestos-related disease , providing the three year period had not expired during the deceased’s lifetime, a family may continue with a compensation claim. In this case the three year limitation period will commence from the date of death.
In those instances where a cause of death was only established by post mortem the three year limitation period is likely to commence at the date of death or the date on which the post mortem confirmed the cause of death.
We want to discuss your diagnosis with you and help you decide as to whether or not you should have your compensation paid in one lump sum known as a ‘full and final settlement award’ or whether there is merit in seeking a ‘provisional damages award’ which will enable you to receive initial compensation with the added comfort of being able to seek further compensation should there be any deterioration in your condition.
If you have previously received a provisional damage award and have concerns over your present state of health and entitlement to seek further compensation please contact us now. Acceptance of a full and final settlement will prevent any return to court for further compensation (unless this award was made in England or Wales for the condition of pleural plaques).
Once your claim has been started and liability has been agreed by those responsible your solicitor can consider requesting an ‘interim payment’ of your damages from the responsible insurers. An interim payment is often sought to help alleviate any ongoing financial hardship and in more serious cases to assist in rehabilitation, care costs and likely accommodation improvements to take account of deteriorating health. A court can order an interim award. Compensation claims can take time to fully settle and an interim payment can be of enormous benefit to a sufferer which often helps them on their road to recovery.
A ‘fast track procedure’ exists in those cases involving mesothelioma which allow your solicitors to deal swiftly with your case if you are suffering with mesothelioma and in the vast majority of cases seek an interim payment of £50,000.
State Benefits are made available to workers who have developed an asbestos related illness which the UK Government refer to as prescribed diseases, as;
D3 – mesothelioma
D1 – asbestosis
D8 – primary carcinoma of the lung where there is accompanying evidence of asbestosis
D8A – primary carcinoma of the lung
D9 – diffuse pleural thickening
Suffers of asbestos related illness are entitled to seek civil compensation and may also be entitled to claim certain state benefits such as Industrial Injuries Disablement Benefit (IIDB) and a payment under the Pneumoconiosis etc (Workers’ Compensation) Act 1979.
In cases of mesothelioma the 2008 Diffuse Mesothelioma Scheme provides a one-off payment to those sufferers who would otherwise be ineligible to a payment under the 1979 Act.
There are rules regarding Industrial Injuries Disablement Benefit (IIDB) which will not apply to you if you are already in receipt of,
- Contribution-based Employment and Support Allowance
- Incapacity Benefit
- Contribution-based Jobseeker’s Allowance
- State Pension
IIDB will affect other benefits which you or your partner might be claiming and which include,
income-based Jobseeker’s Allowance
income-related Employment and Support Allowance
Working Tax Credit
Your solicitors can deal with your enquiry even if you were employed or exposed to asbestos in England, Ireland or Wales
Call us today for free on:
0808 164 6018
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