Lawyers Now Submitting Applications Urge Government to Approve Compensation Tariff So Payments Can Be Made To Victims

Expert lawyers representing thousands of asbestos-related disease victims have begun applying to the Government’s new Diffuse Mesothelioma Payment Scheme which is open for applications this month to help victims who are unable to trace their employers’ liability insurer and claim via the civil courts.

The Mesothelioma Act was given royal assent in January this year meaning that from the 6th April, sufferers who cannot trace a relevant Employers’ Liability Insurer are able to claim 80% of the average compensation which would have been secured in a ‘normal’ civil claim through the courts.

Specialist asbestos lawyers at Irwin Mitchell welcome the implementation of the scheme and are already submitting applications so that those asbestos cancer victims who are eligible are able to receive the compensation they are entitled to as soon as possible.

The Scheme is open to people diagnosed with the terminal cancer mesothelioma after 25th July 2012 who cannot trace the relevant Employers’ Liability Insurer.

Adrian Budgen, national head of the specialist asbestos-related disease team at Irwin Mitchell who represents many victims of mesothelioma, said:

Expert Opinion

The compensation scheme is good news in principle for those mesothelioma victims who are eligible who may previously have struggled to identify the relevant employers’ liability insurers and may have missed out on the compensation they deserve.

“The scheme is not perfect as victims will only receive 80 percent of the average compensation that they would be entitled to in a civil claim and it only applies to those diagnosed after 25 July 2012, but it is clearly better than the situation we had before when they received nothing. Sadly, the scheme does nothing for victims of other asbestos-related diseases, such as lung cancer, who are in a similar position.

“It is now crucial that the Government ensures that the compensation tariff is approved as soon as possible. Mesothelioma is a terrible and aggressive illness and it is important that those suffering are not left waiting any longer.

“It can take several decades from the initial exposure to asbestos for symptoms of a related illness to appear, but once they do the consequences are devastating for those families affected. Through no fault of their own they are forced to suffer an horrendous terminal illness and it is only fair that they receive the appropriate compensation.

“Mesothelioma victims have faced many legal challenges in recent years and we will continue to fight for their rights because what they really deserve is full and fair financial security for their families." Adrian Budgen - Partner

Read more about Irwin Mitchell's expertise in Mesothelioma Claims.