Compensation and benefits for mesothelioma

Most people who have been diagnosed with mesothelioma can get financial help. There are 2 main ways of getting financial help:

• Benefits paid by the Department for Work and Pensions (DWP). People with mesothelioma may be entitled to Industrial Injuries Disablement Benefit.
• Compensation from you or your spouse’s employer – this may be your current employer or a former one who was linked to your exposure to asbestos.

If you have been diagnosed with mesothelioma, you should find out more about getting both these types of financial help.

Anyone diagnosed with mesothelioma who has worked somewhere where they were exposed to asbestos in the past may be able to claim compensation from their employer. This includes people working in the armed forces who have been exposed to asbestos after 1987.

If you were not exposed to asbestos at work, you may also be able to claim. For example, you could claim if you are a spouse who was exposed from handling contaminated work clothes.

This type of compensation claim requires specialist legal knowledge and must be made through an experienced, specialist solicitor. There is more information below on how to find a specialist solicitor.

For a compensation claim to be successful, you have to show that your exposure happened because your employer at the time (or another person or organisation responsible) was:

• careless (negligent) in not keeping up the standards required by law
• not following specific safety regulations.     

For example, this might be if you were exposed to asbestos when your employer knew, or should have known, about the risks to you, even if you were unaware of them.

If a former employer has gone out of business, it may be possible to claim against the employer’s insurers. If they cannot be found, it may be possible to make a claim under the Diffuse Mesothelioma Payment Scheme.

Court proceedings for a claim must be started within 3 years of the date you were first diagnosed with an injury due to asbestos. This means 3 years from the date of diagnosis of an asbestos-related illness, not 3 years since your exposure to the asbestos.

Family members of people who died from mesothelioma within three years of being diagnosed may still be able to make a claim. The 3-year period to make the claim begins from the date of death.

Sometimes this time limit can be extended. You can ask for advice from a specialist solicitor even if you think it may be too late to make a claim.

This scheme provides payments for people who were diagnosed with mesothelioma on or after 25th July 2012. The scheme is only used when someone with mesothelioma has not been able to claim compensation anywhere else.

It is only for people who were exposed to asbestos at work, and have both of the following:

• They have a legal claim against their employer which has merit.
• They have been unable to find the employer (because they have stopped trading), or the employer’s insurer. Or, the employer is unable to meet the claim because they have no assets. These must be the only reasons why they cannot successfully make a claim.

The scheme can also pay out to eligible relatives or dependants of a person who has died from mesothelioma.

You can still claim under this scheme even if you have already claimed under the 2008 scheme, or the Pneumoconiosis etc (Workers’ Compensation) Act 1979 (PWCA). If you already have a payment from one of these schemes, the amount will be taken away from any DMPS payment you get. Even if you have not been successful in claiming under other schemes, you may still be eligible for the DMPS scheme.

It is very important to get advice from a specialist solicitor before making this type of claim. To get compensation from a former employer (or their insurer), the claim must be fully investigated first. If this has not been done, the claim will be rejected. The information given to support the claim may affect a later claim against the former employer or their insurers.

For more information about the 2008 scheme and the DMPS, visit GOV.UK.

Making a personal injury compensation claim in England and Wales should not cost you any money. Any specialist solicitor should offer a free initial consultation, and to deal with your claim on a ‘no win, no fee’ basis. They will also come to visit you at home, if needed. Make sure you discuss the options for funding with the solicitor, before any claim is started.

Tell your solicitor if you:

• are a member of a trade union or a professional association
• have legal expenses insurance cover.

Your solicitor may take your case on a ‘no win, no fee’ basis. They will arrange insurance to protect you against the risk of having to pay the defendant’s legal costs. The defendant is usually your former employer. Insurance should also cover the other expenses that have to be paid to make your claim, such as a fee to the medical expert for a report.

Payment of the insurance premium should be delayed until the case is finished. Ask your solicitor about this payment. If your case is successful, the insurance will be paid by the other party (the defendant). Most specialist solicitors offer arrangements where the insurance covers the cost of the premiums if the claim is unsuccessful. This means in that situation, there is no charge for the premium.

In Scotland and Northern Ireland, people making a claim may be entitled to legal aid. But if insurance is available the premium will not be repaid, even if the claim is successful.

The entitlement to legal aid may be subject to a contribution. The amount will depend on a person’s financial situation.

When choosing a solicitor, it is important to make sure that they have experience dealing with both asbestos-related disease claims and mesothelioma

There are many ways you can find a specialist solicitor:

• You can ask your specialist nurse or doctor if they have a list of specialist solicitors.
• The Association of Personal Injury Lawyers has a list of accredited specialist lawyers.
• You can ask your local asbestos support group, as they often work closely with a panel of local specialist solicitors. You can get details of local support groups from Mesothelioma UK.

It is important to know that advertisements and websites offering legal advice may be misleading. Before choosing a solicitor, you may want to ask them some questions. Do not be afraid to ask them to explain anything that you have not understood, or to ask for more information.

Below are some important questions you can ask a solicitor, to make sure they are suitable for your situation.

• Is the solicitor a Fellow of the Association of Personal Injury Lawyers (APIL)?
• Does the solicitor specialise in mesothelioma and asbestos-related disease cases?
• How many asbestos cases has the solicitor handled in the past 3 years?
• How many of these have been dealt with at a court hearing?
• Will the solicitor provide you with a free initial consultation? Will they visit you at home, if necessary?
• Will the solicitor provide you with a free summary of what will be involved in making your claim?
• Will they work on a ‘no win, no fee’ basis?
• Will the solicitor obtain an insurance policy to cover legal fees?
• Will the solicitor take a percentage of your compensation?
• Will you be expected to pay expenses, such as medical report costs and court fees, in advance?
• How will you be kept informed of what is happening with your claim?
• How long will the claims process take?
• How soon does the solicitor expect to start a court action?