An Employment Tribunal (ET) has confirmed that a construction company which made deductions from...
Symptoms of mesothelioma tend to appear several decades after exposure to asbestos, by which time it may be impossible to trace the employer responsible for the exposure or its insurer. However, there are two government schemes that allow sufferers to claim payments.
Under a scheme introduced in 2008, people who are diagnosed with diffuse mesothelioma can claim a fixed amount depending on their age when they were diagnosed. The claim must be made within 12 months of diagnosis. Those who were exposed to asbestos via relatives, such as when washing their clothes, or who were self-employed can claim under the 2008 scheme. However, the exposure must have occurred in the UK.
Claims under the 2008 scheme cannot be made by anyone who is entitled to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979, has received compensation from an employer, or is entitled to compensation from a Ministry of Defence scheme.
Another scheme, the Diffuse Mesothelioma Payment Scheme (DMPS), is available to people suffering from diffuse mesothelioma caused by asbestos exposure while working in the UK, who cannot trace the employer that caused the exposure and have not made a claim against any employer. Claims must be made within three years of diagnosis.
Claims under the DMPS can be made by those who have already made claims under the 2008 scheme or the Pneumoconiosis Act: any payments previously received as a result of such claims will be deducted from the payment made under the DMPS.
Dependants of sufferers who have died may also claim under both schemes.
Further information on the schemes is available on the government's website.