News

 

The 2008 Diffuse Mesothelioma Scheme

                   

Background - Justice for every Mesothelioma sufferer?

 

The 2008 Diffuse Mesothelioma Scheme came into operation on 1 October 2008.  Its purpose is to ensure that all mesothelioma sufferers (or their dependants) receive a payment. It plugs a gap whereby previously only employees would receive a payment from the state. Now, if a sufferer is exposed in the UK they will be entitled to a payment. It therefore rights a very grave wrong, and provides payment to a significant category of sufferers who previously would have received nothing from any source.

 

The Pneumoniosis (Workers' Compensation) 1979 Act

This act makes payments to the employees of defunct companies where no civil asbestos compensation claim has been commenced. Where the companies that have exposed the sufferer are bust the government will make a payment determined by the sufferer’s age. A pre-requisite is that the sufferer has been awarded Industrial Injuries Disablement Benefit (IIDB).

 

Righting a wrong

There is no logical reason why only former employees should receive a payment as  a result of contracting this terrible condition. Thankfully, the government agrees and the  2008 Diffuse Mesothelioma scheme covers people whose exposure to asbestos is not as a result of work as an employee. A payment will be made in the following cases (all of which would previously have received no Pneumoconiosis etc (Workers’ Compensation) 1979 Act Payment):-

 

• Cases of secondary exposure, that is from coming into contact with asbestos from a relative, for example by washing their clothes;

• Cases of environmental exposure, for example living near an asbestos factory.

• Exposure to asbestos while self-employed;

• Exposure cannot be specified but it occurred in the United Kingdom .

 

The Qualifying Conditions

• There must be evidence that the person suffers from diffuse mesothelioma as a result of exposure to asbestos;

• The person must have been exposed to asbestos in the UK;

• The sufferer must make a claim within 12 months of diagnosis; or

• If a dependant, the claim must be applied for within 12 months of the date of the person’s death;

 

NB. For the first 12 months of the scheme the ‘within 1 year of diagnosis’ requirement will not apply to sufferers diagnosed before the introduction of the scheme, to ensure they have the opportunity to apply.

 

Who can claim?

The mesothelioma sufferer, or any of the following people:-

• The married widow or widower of a sufferer who has died; or

• The child of a sufferer who is under age 16, or under age 21 but not in full time employment;

• The partner of a sufferer has to have been living with the sufferer up to the date of death and there must not be a married widow or widower still alive; or

• Any other relative who was dependant on the sufferer at the time of his death.

 

How much are the awards?

The 2008 Diffuse Mesothelioma Scheme pays less than the Pneumoconiosis etc (Workers’ Compensation) 1979 Act (PWCA).  Dependants receive less than sufferers. Copies of the current tariffs are attached to these notes.  If there is evidence of asbestos exposure through employment then apply for IIDB and a PWCA payment.  If not the sufferer should apply for a 2008 Diffuse Mesothelioma Scheme Payment.

Example

Clearly, it is in the interests of the sufferer to try and establish exposure through employment and claim under the Pneumoconiosis etc (Workers’ Compensation) 1979 Act.  If that is not possible, claim under the 2008 Diffuse Mesothelioma Scheme, whilst the sufferer is living.

 

Making a claim - the medical professional's role

Claimants must provide evidence that they suffer from diffuse mesothelioma. The application form must be accompanied by a letter from the lung cancer nurse or doctor/consultant confirming the diagnosis and the date of diagnosis.

 

Be careful

The completion of the forms requires a consideration of whether the patient has been exposed at work. In many cases this is often not as easy as it sounds. Patients may not, shortly after the shock of diagnosis, be in the best state of mind to accurately recall events that took place decades ago.

The problem is that the application forms, both IIDB and PWCA, become adducible in any later civil proceedings. Any errors or inconsistencies will be seized on by the Defendant. Two particular scenarios arise:-

• The Claimant indicates on the form that he has not been exposed at work, but later remembers that he has.

• Or the Claimant indicates exposure at some companies, but omits one or more.

These discrepancies can cause grave problems for Claimants bringing a legal claim. Defendants will seize on these inconsistencies. The recent reported case of Harrington v NCB was lost at trial due to inconsistencies in the evidence, such that the judge did not regard the claimant’s evidence as reliable.

Consequently, significant care is needed in the completion of the application.

 

Other considerations

• Photocopies

It is acceptable to use photocopied forms, but only forms with an original signature should be sent to the paying office.

• Timescales

The paying office is aiming to process and pay applications within 6 weeks.

 

Summary

• Seek out any evidence of work related exposure to support an application under the Pneumoconiosis etc (Workers’ Compensation) 1979 Act, in the first instance;

• If not, encourage an application under the 2008 Diffuse Mesothelioma Scheme;

• Act quickly, encourage an application whilst the sufferer is living because awards are higher and there is a 12 month time limit.

• Take care with the application form, as it can be significant in a civil asbestos claim.

 

 

Useful Links

 

For more information and advice click on one of links below:

 

British Lung Foundation	The British Lung Foundation is the only UK charity working for everyone affected by lung disease. For help and advice on diseases such as Mesothelioma and Asbestos Lunch Cancer.
Macmillan Cancer Support	Provide practical, medical, emotional and financial support and push for better cancer care
Mesothelioma UK	Funded by Macmillan Cancer Relief provides info & resources for patients and families including causes, diagnosis, treatment options and clinical trials.
MyWavelength.com	Get help & advice from like minded people.
June Hancock Research Fund	Charity in memory of June Hancock also providing help & advice.
Oliver & Co Solicitors	Our company website.