Mesothelioma Compensation Scheme Now £123,000
Mesothelioma Payout Compensation £123,000
Mesothelioma compensation payouts under the Government scheme for victims of the fatal cancer caused by exposure to asbestos. The scheme, which will start in April 2023, 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 making savings in the administration costs of the scheme.
Mesothelioma is often found in old buildings where pipes, boilers, heating systems, roofs, amongst many other places were used by asbestos famed for its protective heating properties. Many workers such as laggers, plumbers, building workers, contractors where exposed to this lethal dust over many years and many years ago.
What are the most common questions asked by families of an asbestos worker?
At Hutcheonlaw expert solicitors in mesothelioma compensation claims and payouts we have complied the list of the top 20 questions and answers to assist bereaved families in helping, supporting and claiming compensation for their loved ones. However, the guidance on how to claim compensation for mesothelioma applies to all asbestos claims and is therefore not limited to 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 exposure to asbestos, which was widely used in construction and manufacturing until the 1980s. As a result, many people who were negligently exposed to asbestos at work cannot trace a liable employer or an employers’ liability insurer to sue 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, which was passed by the Mesothelioma Act in January 2023, aims to end this injustice and provide financial support to about 3500 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 the aid of a solicitor.
In order to be eligible to claim mesothelioma compensation under the scheme you must first ensure that you cannot fine any insurance company that is still trading that was on cover during the years the victim was working for the company. Sometimes mesothelioma solicitors have to try and trace the insurer going back to the 1950’s.
There is a database that can be used that we have access to as a mesothelioma solicitor will undertake a thorough search before submitting a claim on your behalf. If an insurer can be found then the mesothelioma solicitor will then take action direct against the insurer via the company they insured. Please note it does to matter that the company that you worked for has gone bust, it is finding the insurer that matters.
However if not insurer can be found then a claim can be submitted 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, which will be 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.
Tragically many workers exposed to asbestos dust that turns into diffuse (spread over a wide area) mesothelioma will die. The time period from when an asbestos worker was exposed to asbestos and causing breathing difficulties such as short of breath, coughing, discomfort, pain etc do not usually show themselves until after 40 or 50 years from when the worker were first exposed to the dangerous dust. It is a very slow time-line 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 mesothelioma compensation solicitors we not only offer expert legal advice on how to claim but 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 very much appreciate it is a trying and worrying time for all the family who have been bereaved and every solicitor and para-legal working on your case has been trained to ensure the best possible support and advice.
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.
Posted: November 20, 2023 at 1:29 pm