Introduction
Welcome to our guide on compensation for mesothelioma in the UK. Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos. Unfortunately, it is often diagnosed at an advanced stage, and treatment options are limited. The good news is that if you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation.
With this guide, we aim to provide you with a comprehensive understanding of your rights when it comes to compensation for mesothelioma in the UK. In the following sections, we’ll explain what mesothelioma is, how it is caused, and who is at risk. We’ll also delve into the different types of compensation available, how to make a claim, and what to expect during the claims process.
Our goal is to equip you with the knowledge and resources you need to pursue the compensation you deserve. We understand that this is a difficult time for you and your family, and we’re here to help.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the lining of the internal organs, most commonly the lungs. It is often caused by exposure to asbestos, a naturally occurring mineral that was widely used in construction, shipbuilding, and other industries throughout the 20th century.
When asbestos fibers are inhaled or ingested, they can become lodged in the lining of the lungs, abdomen, or heart, where they can cause damage and inflammation over time. This can lead to the development of mesothelioma, which can take decades to manifest after exposure.
Who is at Risk of Mesothelioma?
People who have worked in industries where asbestos was commonly used are at the highest risk of developing mesothelioma. This includes people who worked in construction, shipbuilding, manufacturing, and other industries where asbestos was used as an insulation material or fire retardant.
However, it is also possible to be exposed to asbestos in other ways, such as through secondary exposure. For example, if a worker who has been exposed to asbestos comes home with fibers on their clothing and the fibers are inhaled by their family members, they too may be at risk of developing mesothelioma.
Types of Compensation Available
| Type of Compensation | Description |
|---|---|
| Industrial Injuries Disablement Benefit (IIDB) | A tax-free weekly benefit for people who have developed a work-related disease, including mesothelioma. |
| Pneumoconiosis etc. (Workers’ Compensation) Act 1979 | A lump sum payment for people who have developed a work-related disease, including mesothelioma, as a result of exposure to asbestos. |
| Diffuse Mesothelioma Payment Scheme (DMPS) | A lump sum payment for people who were unable to pursue compensation from their former employer or their former employer’s insurer. |
| Civil Claims | A legal claim for compensation against the employer or the employer’s insurer. This can include damages for pain and suffering, loss of earnings, and future care costs. |
How to Make a Claim
If you or a loved one has been diagnosed with mesothelioma, it’s important to seek legal advice as soon as possible. This will give you the best chance of securing the compensation you deserve.
A solicitor who specializes in mesothelioma claims can help you gather evidence, establish liability, and navigate the claims process. They can also help you access any benefits you may be entitled to, such as IIDB or the DMPS.
In general, there are two types of claims you can make for compensation for mesothelioma: a civil claim or a claim under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.
A civil claim involves suing your former employer or their insurer for damages. To do this, you will need to establish that your employer breached their duty of care to you by exposing you to asbestos, and that this exposure was the cause of your mesothelioma.
A claim under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 is a no-fault scheme that provides a lump sum payment to eligible claimants. Unlike a civil claim, you do not need to establish liability to receive compensation. However, the amount of compensation you can receive under this scheme is capped, and it may not be enough to cover all your expenses.
What to Expect During the Claims Process
The claims process for mesothelioma compensation can be complex and time-consuming. In general, it involves the following steps:
- 1. Consultation with a mesothelioma solicitor
- 2. Gathering evidence, including medical records and work history
- 3. Establishing liability
- 4. Negotiating a settlement or going to court
- 5. Receiving compensation
Your solicitor will guide you through each step of the process and keep you informed of any developments. They will also handle most of the paperwork and correspondence on your behalf.
FAQs
1. Can I make a claim for mesothelioma compensation if my employer is no longer in business?
Yes, you can still make a claim if your former employer is no longer in business. Your solicitor can help you trace the employer’s insurer or access the DMPS.
2. Can I make a claim if I was exposed to asbestos outside of work?
Yes, you may still be able to make a claim if you were exposed to asbestos outside of work. For example, if you were exposed to asbestos while living in a council-owned property, you may be able to make a claim against the council.
3. How much compensation can I receive for mesothelioma?
The amount of compensation you can receive for mesothelioma depends on a range of factors, such as your age, the severity of your condition, and your future care needs. Your solicitor can give you an estimate of the amount you may be entitled to.
4. Can I make a claim on behalf of a deceased family member?
Yes, you can make a claim on behalf of a deceased family member if they died from mesothelioma as a result of exposure to asbestos. This is known as a fatal mesothelioma claim.
5. How long do I have to make a claim for mesothelioma compensation?
In general, you have three years from the date of diagnosis to make a claim for mesothelioma compensation. However, there are exceptions to this rule, and it’s best to seek legal advice as soon as possible to avoid missing any deadlines.
6. Will I have to go to court to receive compensation?
Not necessarily. Many mesothelioma claims are settled out of court through negotiations between your solicitor and your former employer’s insurer. However, if a settlement cannot be reached, your case may go to court.
7. Will I have to pay anything upfront to make a claim?
No. Most mesothelioma solicitors work on a no-win, no-fee basis, which means that you will not have to pay anything upfront to make a claim. Your solicitor’s fees will come out of your compensation settlement if your claim is successful.
Conclusion
If you or a loved one has been diagnosed with mesothelioma, it’s important to understand your rights to compensation. The different types of compensation available can be complex, but with the right support and guidance, you can pursue the compensation you deserve.
Our guide has provided an overview of the key aspects of mesothelioma compensation in the UK, including what mesothelioma is, who is at risk, and the types of compensation available. We’ve also outlined the claims process and provided answers to some frequently asked questions.
If you’re thinking about making a claim for mesothelioma compensation, we strongly advise that you speak to a solicitor who specializes in this area. They can provide you with the expert guidance and support you need to navigate the claims process and secure the compensation you deserve.
Closing Disclaimer
This article is intended to provide general information about compensation for mesothelioma in the UK. It is not a substitute for professional legal advice, and we strongly advise that you seek independent legal advice before making any decisions about your claim.
