1. Industrial Injuries Disablement Benefit
To be able to claim for Industrial Injuries Disablement Benefit you must be able to show that the Mesothelioma has been caused by exposure to asbestos during the course of your employment. If you can show this then you will assessed at 100% disabled because Mesothelioma is a ‘prescribed disease’ . At 2010 benefit rates this means you will receive a payment of £145 per week. It is important to apply for Industrial Injuries Disablement Benefit because it is pre-requisite to apply for this benefit to receive payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.
2. Pneumoconiosis etc. (Workers’ Compensation) Act 1979
This scheme provides mesothelioma compensation for employees who suffer illness or injury as a result of exposure to dust in the course of their employment. Mesothelioma sufferers are entitled to a lump sum payment if they are not pursing a claim for civil compensation. If a claim for civil compensation is pursued and a lump sum payment under the PWCA has been received payment must be repaid to the Government on settlement of the personal injury case. The amount of the payment that is received under the PWCA depends on the percentage of disability and the age of the person who has been diagnosed with the illness but in some cases it can be as much as £70,000.
It is also important to note that the dependents of people who have sustained Mesothelioma in the course of their employment can make a claim if the mesothelioma victim does not do so during their lifetime, however, dependents receive a lesser amount than victims.
3. Diffuse Mesothelioma Compensation Scheme 2008
Prior to this scheme coming into effect it was only possible for people to get a lump sum payment from the Government if they could show that the exposure to asbestos had arisen during the course of their employment. This is now no longer the case and anyone who has been exposed to asbestos in the UK and contracted Mesothelioma as a result can make a claim for compensation under the Diffuse Mesothelioma Scheme. Any claim must be submitted within a year of diagnosis or if no claim is submitted by the person suffering with Mesothelioma then the dependents can submit a claim within twelve months of the victim’s passing away. As with PWCA payments, however, the receive less than victims who claim in person. Again these payments are regarded as an alternative to civil compensation claims and if a payment is made and a compensation claim later pursued then again the benefits are repayable to the Government from the damages received on settlement of the claim.
4. Attendance Allowance
If you are over 65 at the time of your diagnosis and require assistance with either your daily care needs or mobility then you may be entitled to attendance allowance to help pay for these costs.
5. Disability Living Allowance
If you are under 65 and need help with either mobility or your daily care needs as a result of the diagnosis of Mesothelioma then you may be entitled to apply for Disability Living Allowance to help with these costs.
6. Carers’ Allowance
If you are in receipt of either Disability Living Allowance or Attendance Allowance and require a carer to assist you then they may be able to claim for Carers’ Allowance.
The situation regarding the above benefits can be complex and outside the knowledge of solicitors who do not specialise in mesothelioma claims. If you have any queries you should not hesitate to contact us and we will be happy to advise you in relation to the available benefits.
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