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Help and advice
Advice on what financial support you and your partner and dependents might be entitled to when you have been diagnosed with an asbestos related disease.
It is natural for people to be very concerned for their own and their family’s financial wellbeing when they have been diagnosed with an asbestos related disease. However, depending on the severity of their illness, people may be entitled
- to support from various government compensation schemes and welfare benefits
- and/or to claim compensation through the courts if they were negligently exposed to asbestos at work.
This is a very complicated field. Some of the support is not subject to any means-test, some of it is. Some of the support reduces the amount of other welfare benefits a person may claim, some increases it. But don’t worry, our advisers can guide you through the maze and – where appropriate – will help you to find expert and reliable lawyers to take up your case without leaving you out of pocket.
The following is a brief summary of some of the sources of support that you may be able to call upon. Please note that, by itself, a diagnosis of pleural plaques is not considered a serious disease and therefore the support available to anyone with this diagnosis is more limited than for other asbestos related diseases.
Department of Work and Pensions (DWP) Benefits
This is a weekly allowance paid by the DWP (even if you are retired and over the state pension age) if your asbestos-related illness has been caused by your current job or any previous job.
The allowance can also be paid to people who have suffered injuries at work and for a large number of other industrial diseases which have been listed by the Government as being caused by work.
Examples of other diseases caused by work are chronic bronchitis and emphysema and dermatitis. These are known as Prescribed Diseases and in DWP leaflets the initials ‘PD’ are used to refer to these diseases. If you are suffering from several illnesses and have had several injuries at work you can make a separate claim for each one.
The asbestos related diseases that are prescribed are given a prefix letter ‘D’ and then a number to identify them. Pleural plaques are not a prescribed disease.
There are specific requirements for diffuse pleural thickening and asbestos-related lung cancer that must be met to qualify for IIDB:
- Diffuse pleural thickening - there must be sufficient unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle(s)
- Lung cancer - PDD8- there must be accompanying asbestosis. As of 6th April 2006. PDD8a- exposure to asbestos must be in the course of:
- the manufacture of asbestos textiles
- spraying asbestos
- asbestos insulation or
- applying or removing materials containing asbestos in the course of shipbuilding;
and: Where all or any part of the exposure occurred before 1st January 1975, for a period of, or periods which amount in aggregate to 5 years or more,
and: Where all or any part of the exposure occurred after 1st January 1975, for a period of, or periods which amount in aggregate to, 10 years or more.
If you live in our area of benefit (which is the area where the Charity Commission says we can operate) we can help you with this.
Generally speaking this is anywhere in Central England, but particularly the West Midlands region of England and the northern half of Oxfordshire and Gloucestershire.
This weekly allowance:
- Can be claimed at any age. There is no lower or upper age limit. You can therefore claim it long after you have retired.
- Can be claimed if you have not paid any National Insurance Contributions.
- Is not affected by any income. It can be paid on top of any amount of savings, earnings or other income but it will reduce your Pension Credit, Income Support, Income based Job Seekers Allowance, Housing/ Council Tax Benefit. You should therefore always ask what effect IIDB will have on your benefits. But, IIDB may increase Pension Credit (Savings Credit) and allow you to claim a Workers’ Compensation Act payment.
- Is payable from 15 weeks after the onset of your illness except if you have mesothelioma when you will not have to wait this 15 weeks and will be paid as soon as you are disabled by the disease.
- Cannot be backdated more than 13 weeks.
- Can be paid on top of some benefits and allowances
The DWP will consult your National Insurance records which are held by HMRC.
It doesn’t matter if an employer has gone out of business or cannot be traced. You can still make a claim against them and our advisers will help you.
Once the DWP is satisfied that you worked in an occupation that exposed you to asbestos you may be asked to attend a medical assessment to determine whether you have a prescribed disease.
You will not need to attend one if you have been diagnosed with mesothelioma or lung cancer.
Since July 2002 mesothelioma sufferers do not have to see a Medical Services health practitioner. A GP or consultant’s report will be accepted as evidence of the diagnosis and 100% disability assessment will be given automatically.
From 6th April 2006 Lung cancer sufferers have also not had to see a Medical Services doctor. As for mesothelioma; a report from a GP, Consultant or letter from a lung cancer nurse specialist should be accepted as evidence and an award of 100% should automatically be given.
You can request that the decision is looked at again and then by an APPEAL TRIBUNAL. You should get expert advice first because you can end up with less benefit or being told that you are not suffering from an asbestos related disease.
You must write to Jobcentre Plus within one month of the date of the letter containing the decision and state that you wish to appeal against the decision.
If more than a month has passed since the decision was made it is still worth writing a letter because Appeal Tribunals CAN accept appeals up to 13 months after the decision is made. There have to be special reasons causing the delay and not all late appeals are accepted.
It is possible to claim IIDB in respect of someone who was entitled to IIDB, but died before being able to make a claim. This is called a ‘posthumous’ claim.
If you need to make a posthumous claim our advisers will help you.
There are time limits for making a posthumous claim for IIDB. You should apply to be the ‘appointed person’ within six months of the date the death certificate was issued.
You then have six months to make a claim. However, the absolute nature of the six month time limit has been removed so that you have 12 months to complete both actions, but the longer you take to apply to be the appointed person, the shorter the time you will have to lodge your claim.
For payment purposes, a posthumous claim is treated as if it had been made by the deceased person on the day they died. The maximum amount of back payment is 13 weeks.
Some other welfare benefits can also be paid posthumously or increased, and the increase back-dated for a short period before the claimant died.
If you were exposed to asbestos before 5th July 1948 you can claim an allowance under early legislation. For information telephone the DWP on 0845 603 1358 and ask for the "Old Schemes Section".
If you are suffering from an asbestos related illness through military service you may be entitled to claim a War Disablement Pension.
For further information contact:
You may be able to get extra allowances for the care that you will need or because your earnings have been reduced.
Our advisers will be able to explain what other benefits you may be entitled to claim and what the pros and cons might be.
Compensation
There are several ways in which those suffering from asbestos related diseases, and their families, can claim compensation.
This is designed to provide compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust. Our advisers will assist you to apply if you are eligible.
You can claim compensation under the Workers’ Compensation Act if you fulfil two conditions:
- You have been awarded Industrial Injuries Disablement Benefit for an asbestos disease or if you have an asbestos-related prescribed disease for which you have not met the 14% disability requirement, but you have been assessed at least at 1% and
- The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a reasonable chance of obtaining damages from them.
Our advisers will tell you what to do.
You will be paid a one-off lump sum payment. Your payment will depend on your age and the level of disability awarded by the DWP.
These are worked out on a sliding scale: the younger you are and the greater your level of disability, the higher your compensation payment.
Yes if You Are a Dependent. If you are a Dependent of someone who has died you can apply for payment from the DWP, but only one category of Dependent is paid.
Dependents are considered in the following order:
- surviving husband or wife of the sufferer; or if there is no spouse,
- the sufferer’s children who are under 16 years old or under 21 but not in full time paid employment; or
- permanently incapable of supporting themselves at the time the sufferer died: or if there are no children;
- the sufferer’s partner who lived with the sufferer, although not married; or if there is no partner;
- any other relative who was a Dependent on the sufferer at the time of his or her death.
Our advisers will help you to apply.
From the 1st October 2008 the Government extended the coverage for compensation to sufferers of Diffuse Mesothelioma who have been exposed to asbestos in the UK but are unable to claim compensation from other sources, for example, women who had washed their husband’s clothes, or the self-employed.
You cannot receive payments from both the 2008 Diffuse Mesothelioma Lump Sum Payment Scheme (also known as the Diffuse Mesothelioma Lump Sum Payment Scheme 2008) and the Pneumoconiosis etc (Workers’ Compensation) Act 1979.
You should also bear in mind that payments under the Pneumoconiosis etc (Workers’ Compensation) Act 1979 are higher than those awarded under the new scheme.
You can claim compensation under the scheme if:
- You suffer from diffuse mesothelioma, or
You are a dependent of a deceased person who immediately before their death was suffering from diffuse mesothelioma.
The qualifying criteria for the 2008 Diffuse Mesothelioma Scheme are:
- there must be evidence to show that you suffer from diffuse mesothelioma
- you must have been exposed to asbestos in the UK
you must make the claim within one year of diagnosis or, in the case of a claim being made by a dependent, dependents can claim within a year of the date of death.
Our advisers will tell you how you can make a claim.
Claimants must provide evidence that they suffer from Diffuse Mesothelioma. In a tiny number of cases a Health Care Professional who provides medical advice to the Department of Work and Pensions may contact your Doctor requesting information about or clarification of the evidence submitted by you.
If documentary evidence of the diagnosis is not available, but the diagnosis of Diffuse Mesothelioma has been made, verbal confirmation of the diagnosis by your Doctor is acceptable.
The DWP aims to pay 95% of all claims within six weeks of the application being made.
You will be paid a one-off lump sum payment. Your payment will depend on your age and the level of disability awarded by Jobcentre Plus. These are worked out on a sliding scale: the younger you are and the greater your level of disability, the higher your compensation payment.
Yes if You Are a Dependent.
If you are a dependent of someone who has died you can apply for payment from the DWP, but only one category of Dependent is paid.
Dependents are considered in the following order:
- surviving husband or wife of the sufferer; or if there is no spouse,
- the sufferer’s children who are under 16 years old or under 21 but not in full time paid employment; or permanently incapable of supporting themselves at the time the sufferer died: or if there are no children;
- the sufferer’s partner who lived with the sufferer, although not married; or if there is no partner;
- any other relative who was a dependent on the sufferer at the time of his or her death.
Employers, owners of premises, manufacturers, and others, all have a general duty of care to people who work and to those that may be affected by their operations. If you were exposed to asbestos as an employee and suffer from an asbestos related disease or if you have been affected as a non-employee by the activities of others, you may be able to claim compensation through the courts.
If you sue someone for negligence you do so through the civil courts. You will ask for compensation because you have suffered harm as a result of their negligence.
Civil courts cannot punish anyone who is guilty of negligence by fining them or sending them to prison, they can only order them to pay compensation.
If you have worked in a job where you were exposed to asbestos you will have to explain where and how you were exposed to it. You will also have to explain how your employer failed to protect you from asbestos dust.
Sometimes this can be difficult since it may be many years since you worked with or came into contact with asbestos, and it can take many years for an asbestos disease to develop.
However, until well into the 1970s, employers generally failed to protect their employees from asbestos dust. Even today some employers fail to adequately protect their employees and members of the public from exposure to asbestos dust.
Although you may successfully sue your employer for negligence, it is your employer's insurance company that will actually pay compensation.
If your employer has gone out of business it might still be possible to sue if the insurance company can be traced. If that is possible, then a solicitor can `bring the company back to life' for the purposes of claiming compensation.
Most cases do not actually go to court, although the case might continue right up to the day of the court appearance. Because asbestos cases can be complex it is essential that you have a solicitor who specialises in asbestos cases.
Asbestos Support Central England is able to give you information about solicitors who are experts in asbestos claims and who are members of our Solicitors Panel.
Asbestos Support Central England has entered into an arrangement with these firms whereby they make an annual donation to our parent charity, the West Midlands Hazards Trust, to support the work of Asbestos Support Central England.
These solicitors are completely independent of Asbestos Support Central England and will always act in the best interests of their clients.
The payment of the donation does not affect the advice either they or we give, which will always be impartial and confidential. Other solicitors are available and the choice of which solicitor you use is yours alone.
Since it is no longer possible to get Legal Aid for personal injury cases you will have to get a solicitor to take on your case on a 'no-win-no-fee' basis.
This is called a `conditional fee agreement'. The solicitors on our panel have all undertaken that you will not be left out of pocket if, after their preliminary enquiries, they agree to take your case.
If you are a member of a Trade Union you should ask them for legal representation as it will mean that you will not have to pay any money up front. There may, however, be an administration charge deducted from your compensation if you win your case.
The preliminary enquiries before you sign an agreement
It is usual for a solicitor to make preliminary enquiries to see if you have a good case before a conditional fee agreement is offered. This should not take a long time.
Your solicitor should be able to tell you if you have a case within about two weeks, although sometimes it may take longer.
It is possible that you will be charged some money for these enquiries that may include getting work, insurance or hospital records. Make sure that your solicitor makes very clear to you what you might have to pay for these enquiries.
You take out an insurance policy so that in the event of you dropping or losing your case you will not have to pay the other side's legal charges or your own solicitor's charges or money your solicitor has laid out to others ("disbursements") during the case - these will be covered by your insurance policy.
If you win, your solicitor claims his/her charges, money laid out to others and the cost of buying insurance for you, from the other side.
Also, if you win, your solicitor may be entitled to a "success fee" for taking on the risk of your case which will be paid by the other side, not by you.
You purchase an insurance policy. The cost of the policy will vary depending on the complexity of your case.
Your solicitor may pay this for you and recover the cost from the other side if you win. Solicitors on the Asbestos Support Central England Solicitors Panel will ensure that your inability to pay for the insurance policy does not prevent you from taking legal action.
If, for any reason, you are unable to pursue a claim because you cannot afford the insurance policy let Asbestos Support Central England know.
Once court action has started court fees have to be paid and it is likely that expert's reports will also have to be paid for.
Money paid to others, such as court fees and experts' reports are called `disbursements'. These can cost a lot of money that may be difficult for you to pay. Your solicitor should pay these fees for you.
If you win, your solicitor claims them back from the other side and if you lose your insurance policy will pay them. Make sure you ask your solicitor who is responsible for paying court fees and for experts' reports.
It is possible that some of these expenses may not be fully recoverable. Your solicitor must explain this to you and let you know how much you may have to pay.
They should be able to quote you a figure. If you think it is too much, speak to another solicitor or contact Asbestos Support Central England for advice.
Your solicitor will charge a success fee if you win. The success fee is not taken out of your compensation, but is paid by the other side.
Compensation is paid for the damage you have suffered because you have an asbestos disease, e.g. loss of earnings, pain and suffering etc. These damages are put in categories called `heads of compensation'. You can be paid compensation under the following heads:
- Pain and suffering
- Loss of earnings
- Care for you by someone else
- Medical expenses
- Special equipment
- Loss of pension
There is currently no way of claiming for pleural plaques. However this situation may change and we would urge you to register with your trade union and a solicitor.
It is possible to claim compensation for some asbestos diseases, but reserve the right to apply again to the court for further compensation if your disease gets worse or you get a more serious disease.
The damages you receive are then called `provisional damages'. You may decide to take a final settlement which will be greater than a provisional one but you will not be able to seek further damages.
Money paid by the DWP in benefits is recoverable from your compensation. This money cannot be recovered from compensation paid to you for pain and suffering.
If you receive compensation for loss of earnings, mobility or cost of care, the corresponding DWP benefits under these `heads of compensation' will have to be repaid. If the benefits you have been paid, say for mobility, are more than the compensation you have received for mobility, your compensation for other `heads of damages' cannot be reduced to make up the shortfall.
Here is an example:
An injured person is awarded £12,000 compensation for past loss of earnings and £10,000 for pain and suffering. The person has previously received £15,000 of Incapacity Benefit and £5000 Disability Living Allowance (care) from the DSS - a total of £20, 000 of recoverable benefits.
In this case the injured person's compensation for loss of earnings will be reduced to NIL, but they will receive the full £10,000 compensation for pain and suffering. It is up to the person paying the compensation to make up the full £20,000 of benefits.
Clawback of benefits stops on settlement of the case. It is therefore very important to have a solicitor with sufficient experience to conclude cases at the earliest date possible.
It is very important to choose a solicitor who has experience of personal injury claims.
Asbestos Support Central England have prepared a panel of specialist asbestos solicitors.
We have asked all solicitors who wish to be included on the panel to complete a questionnaire. All the solicitors that successfully complete the questionnaire will have shown that they not only have years of experience in asbestos cases, but also provide the most favourable financial advice and help. They must also show that they are committed to fighting for a better deal for asbestos victims.
We do not have a commercial relationship with any of the solicitors on the panel. We are a completely independent, voluntary organisation. Please let us know how you are treated by any solicitor you choose from our panel to help us review their performance.
When choosing a solicitor we recommend that you are careful not to use `claim handlers' or similar organisations who advertise on TV and radio who may have thousands of clients and will not give you a personal service. They are sometimes more interested in doing a deal with the insurer rather than getting the best deal for you.
If you do not choose a specialist solicitor from the Asbestos Support Central England panel of solicitors, you should ask any solicitor you chose the following questions to make sure that they have the expertise to manage your case:
- Does the solicitor specialise in asbestos cases?
- How many asbestos cases has the solicitor handled?
- Is a conditional fee agreement being offered and what is the success fee?
- Will the solicitor pay for your insurance policy, or at least help you find ways to pay for it?
- Will the solicitor pay for all the court costs and experts' fees for you? (The solicitor can claim these back).
- Is the solicitor a member of the Law Society's Personal Injury Panel?
- How soon does the solicitor expect to start a court action? This should be done quickly to put pressure on the insurance company.