Mesothelioma compensation payouts under the Government scheme for victims of the fatal cancer caused by exposure to asbestos. The scheme is funded by insurance firms and will pay an average of £123,000 to each eligible person or their family. The government has increased the payment from the initial £115,000 after saving on the scheme’s administration costs.
Mesothelioma is often found in old buildings where asbestos was used in pipes, boilers, heating systems, roofs, and many other places, famed for its protective heating properties. Many workers, such as laggers, plumbers, building workers, and contractors, were exposed to this lethal dust over many years.
What is Mesothelioma?
Mesothelioma is a rare and aggressive cancer that affects the lining of internal organs, such as the lungs. It often takes 40 to 50 years to develop after asbestos exposure, and asbestos was widely used in construction and manufacturing until the 1980s. As a result, many people who were negligently exposed to asbestos at work cannot sue a liable employer or the employer’s liability insurer for damages. This leaves them with little or no compensation for their suffering and loss of income.
According to the latest available statistics, more than 2,700 people are diagnosed with mesothelioma each year in the UK1. Most cases are diagnosed in people aged 75 and over, and men are affected more commonly than women2. Mesothelioma is a rare and aggressive cancer that is caused by exposure to asbestos, a material that was widely used in construction and manufacturing until the 1980s3. Mesothelioma often takes 40 to 50 years to develop after first exposure.
Mesothelioma Payout Compensation £123,000
The Government scheme, passed by the Mesothelioma Act in January 2023, aims to end this injustice and provide financial support to about 3,500 mesothelioma victims or their families over the next ten years or so. Applicants will receive around 80% of the average civil damages awarded in mesothelioma cases, which is significantly higher than the statutory schemes currently operated by the government. The scheme will also pay £7,000 towards legal fees to each applicant, who can apply directly without a solicitor.
To be eligible to claim mesothelioma compensation under the scheme, you must first ensure you cannot find any insurance company that was still trading and covered the victim during the years they worked for the company. Sometimes mesothelioma solicitors have to trace the insurer back to the 1950’s.
We have access to a database that we can use, as a mesothelioma solicitor will undertake a thorough search before submitting a claim on your behalf. If we can identify an insurer, the mesothelioma solicitor will take action directly against the insurer via the company they insured. Please note that it does not matter that the company you worked for has gone bust; finding the insurer is what matters.
However, if no insurer can be found, you can submit a claim under the Government mesothelioma scheme.
The Government Mesothelioma Compensation Scheme is expected to pay around 800 people in 2023 and 300 every year after that, until 2024. The claims handling company Gallagher Bassett has been appointed to run the scheme. The scheme is estimated to cost £380 million over its lifetime, funded by a levy on insurance companies that provide employers’ liability insurance. The Work and Pensions Minister, Mike Penning, said that the scheme will end years of injustice for mesothelioma victims and their families, who have had to endure the terrible disease with little hope of any compensation from the insurance industry.
Who Can Make a Claim for Mesothelioma Compensation?
If the worker is still alive, he/she can claim in their own right. If they have sadly died, the family (usually the next of kin, partner, children of the deceased) can claim compensation. The claim will be made against the employer responsible for the illness. Common industries where mesothelioma can develop include construction, manufacturing, shipbuilding, mining and more. Symptoms generally don’t appear until several years or even decades after exposure. If the employer cannot be traced, the government operates a Diffuse Mesothelioma Payment Scheme, which offers financial support.
Family members can also make mesothelioma claims on behalf of the victim if they cannot themselves due to their illness or if they have passed. Other situations where someone may develop the disease and be eligible for compensation include family members with secondhand exposure, residents living near asbestos-related facilities, consumer products containing asbestos, and more. If you relied on the financial support or services of someone who has died from the disease, you could be entitled to dependency compensation.
How to Get Compensation
Tragically, many workers exposed to asbestos dust that turns into diffuse (spread over a wide area) mesothelioma will die. Symptoms of asbestos exposure, such as shortness of breath, coughing, discomfort, and pain, often do not appear until 40 or 50 years after the worker was first exposed to the dangerous dust. It is a very slow timeline; hence why, when an asbestos worker seeks legal advice, if alive, they are often over 70 years of age, or if they have died, they are often, again, over 70 years of age, and their partner or children seek advice on how to claim for mesothelioma compensation in the UK.
As specialist solicitors, we not only offer expert legal advice on how to claim but also offer a complete support package, from helping with all the paperwork when a loved one has died from mesothelioma, ranging from getting the court papers for probate sorted for you to helping with the financial affairs and everything in between. We understand this is a trying and worrying time for all bereaved families, and every solicitor and paralegal working on your case is trained to provide the best possible support and advice.
