If you’re living with an asbestos-related illness, you could be able to claim compensation, as well as a wide range of state benefits. This money can help you and your family following a diagnosis, where you are already dealing with the physical and emotional impact of your condition.
Our asbestos lawyers have decades of experience getting people the compensation they deserve, as well as accessing the benefits they are entitled to. This page provides information about the main benefits and compensation schemes you may be entitled to, but please call us on 0800 056 4110 if you’d like to discuss your case in a free initial consultation.
The Importance Of Claiming Compensation
If you’ve developed an asbestos-related illness, compensation can help pay for your care, as well as providing financially for your family.
The standard time limit for starting a personal injury claim is three years. In asbestos claims this is from the date that you became aware that you were suffering from a disability caused by your exposure to asbestos.
It’s important to begin your claim as soon as you are able – even if your illness is currently benign. If you do not start your claim within the three year limit it may mean that you’re unable to claim compensation for your current illness, and also unable to claim if you go on to develop a more serious condition linked to your asbestos exposure later.
Our asbestos team is the largest and most experienced in the country, and we can advise you on whether you have a claim in a free initial consultation.
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Industrial Injuries Disablement Benefit (IIDB)
If you’ve been diagnosed with an asbestos-related illness you may be able to claim Industrial Injuries Disablement Benefit (IIDB). This benefit can be claimed if your condition causes you disability in some way.
IIDB can be paid, even if your asbestos-related illness is non-life threatening. Conditions that are eligible include:
- Mesothelioma
- Asbestos related lung cancer
- Asbestosis
- Pleural thickening
This benefit is paid as a weekly pension – and can be paid for life. The amount you receive will depend on the severity of your condition, but mesothelioma is automatically assessed at the maximum amount, currently £168 per week (correct as of 7 March 2017).
You can claim Industrial Injuries Disablement Benefit even if you are claiming compensation, and it doesn’t matter whether you’re still working or are retired. IIDB can be backdated for up to 13 weeks.
Claiming IIDB may affect your entitlement to other state benefits, including Income Support, Jobseeker’s Allowance, Pension Credit and Housing Benefit, so it’s important to get specialist advice. Our asbestos lawyers offer a free initial consultation where we can advise you on your benefit entitlements – please call us on 0800 056 4110 or contact us online.
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Pneumoconiosis etc. (Workers’ Compensation) Act 1979
If you have mesothelioma and have been awarded Industrial Injuries Disablement Benefit, you will also be entitled to a lump sum payment. This will either be under the Pneumoconiosis etc. (Workers’ Compensation) Act, or the Diffuse Mesothelioma Scheme.
To qualify for a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act you must meet both of the following criteria:
- Your illness must have been caused by exposure to asbestos within paid employment
- You are receiving Industrial Injuries Disablement Benefit
You may also be able to claim if you are the dependent of a loved one who has died from an asbestos related disease. However, this claim must be made within 12 months of their death.
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2008 Diffuse Mesothelioma Scheme
The 2008 Diffuse Mesothelioma Scheme was set up to cover those who are not eligible to claim a lump sum payment through the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.
You may be able to claim through the 2008 Diffuse Mesothelioma Scheme if you were exposed to asbestos:
- But are unsure or unaware of where the exposure took place
- Through a relative (for instance through washing their clothes)
- But were self employed
- Through environmental exposure – living near to a site where asbestos was manufactured or used
- At a school, university or hospital
The amount paid depends on the age you were diagnosed with mesothelioma. You can find out how much you may be entitled to at Gov.uk.
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Diffuse Mesothelioma Payments Scheme (DMPS)
The Diffuse Mesothelioma Payments Scheme (DMPS) is a scheme set up for those who are unable to make a civil compensation claim against an employer (or an employer’s insurer). Please visit our page on the DMPS for more information.
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Personal Independence Payment (PIP) Or Attendance Allowance (AA)
The “daily living component” of the Personal Independence Payment (PIP) and the Attendance Allowance (AA) provide a weekly payment to help with your personal care (if you need assistance washing for example).
The PIP is available to those aged under 65 and AA is available to those aged 65 or over.
Both the PIP and AA offer £55.10 or an enhanced rate of £82.30 per week – whether you qualify for the standard or enhanced rate will depend on the results of an assessment.
In addition the Personal Independence Payment also offers a “mobility component”, which provides £21.80 or an enhanced rate of £57.45 per week. The mobility component is there to help if you need assistance travelling. (All figures correct as of 7 March 2017)
If a loved one spends a large amount of time caring for you, they may also be eligible for Carer’s Allowance. This can affect other benefits that you or they receive.
Our asbestos lawyers are experienced in helping people claim the benefits that they’re entitled to. We offer a free initial consultation where we can advise you on your benefit entitlement, and also if you have a claim for compensation. Please call us on 0800 056 4110 or contact us online to arrange your consultation.
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Blue Disabled Parking Badge
You may be able to apply to your local council for a Blue Badge, which can make life easier. Usually you need to be receiving the Personal Independence Payment or Attendance Allowance to qualify.
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Useful Links
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All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.
