Compensation for Mesothelioma

07 August 2014

New legislation provides for victims of Mesothelioma and/or their dependents to pursue a personal injury claim for compensation

Mesothelioma, a particularly aggressive form of terminal cancer caused by exposure to asbestos, is regrettably a sad legacy of our industrial heritage. Symptoms usually take in excess of 20 years from the date of exposure to develop. Victims and/or their dependants are often unable to pursue a personal injury claim if it transpires that the employer responsible is no longer in existence and there was no relevant insurance cover in place at the time the exposure took place.

Whilst previous schemes have been created by the Government to make one-off payments to victims and/or their dependants who have been unable to pursue legal action, the sums awarded have been fairly modest and well below what would be awarded in a Court. In an effort to rectify this situation, the Government has introduced The Mesothelioma Act 2014, which came into force on 1 July 2014 and which creates the “Diffuse Mesothelioma Payment Scheme” for claimants in the situation described. Those eligible under the scheme (victims and/or their dependants) must show that a diagnosis of mesothelioma was made on or after 25 July 2012 and that no personal injury claim is possible.

In the event of a successful application, those eligible for payment under the Scheme will receive payment in line with a tariff substantially more generous than previous schemes.

The actual compensation fund from which payments are made is wholly financed by a Government levy on the Insurance Industry.

For further details on this scheme, or an opinion on the possibility of an asbestos related personal injury claim (pleural plaques, asbestosis, mesothelioma) against an employer still in existence, contact Jonathan Duncan in our Newtownards Office, 91811538 or via email to jonathan@worthingtonslaw.co.uk.

Links

Newsletter Signup