www.asbestossupport.co.uk

The Pneumoconiosis etc (Workers’ Compensation Act) 1979 (WCA) is designed to provide compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust. These compensation payments are dealt with by the

Jobcentre Plus

Barrow Jobcentre
Pittman Way
PRESTON
PR11 2AB

The DWP telephone helpline is free phone 0800 279 2322.

Who can claim compensation under the WCA?

You can claim compensation under the Workers’ Compensation Act if you fulfill two conditions:

You have been awarded Industrial Injuries Disablement Benefit for an asbestos disease or if you have an asbestos-related prescribed disease for which you have not met the 14% disability requirement, but you have been assessed at least at 1%

and

The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a reasonable chance of obtaining damages from them.

When should I apply?

If you are still in the process of applying for IIDB don’t wait until you have been assessed by the Jobcentre Plus to apply for payment under the Workers’ Compensation Act (WCA). Put your claim in for compensation at the same time as you apply for IIDB. As soon as you hear from the Jobcentre Plus let the DWP know their decision.

What information do I have to give?

Even though you have provided information to the Jobcentre Plus about your previous employment you still have to give details of all your previous employers to the DWP. They will check to see if there is any likelihood of you making a successful claim against any of them for compensation.

2008 Mesothelioma Scheme

On 1st October 2008, the Government introduced the new Mesothelioma 2008 Scheme. This scheme will ensure that everyone who has been diagnosed with Mesothelioma will receive a lump sum payment. This is regardless of the source of exposure to asbestos. This includes anyone self employed, or who has contracted mesothelioma from an environmental source. You must apply for the scheme within 12 months of diagnosis. However, the time limit has been waived for the first year of the new scheme.

What if I have a solicitor acting for me?

Even if you have a solicitor acting for you can claim under the scheme.. But, it is important to tell your solicitor that you intend to apply for this payment.

You do however have to state on the form if your solicitor has actually started court action. If court action has commenced then payment from the DWP cannot be made. Your solicitor may, however just be making preliminary enquiries and court action may not be started, so it is worth applying.

Even if court action is started but then you withdraw before the facts are heard you can still be paid compensation.

How much will I be paid?

You will be paid a one-off lump sum payment . Your payment will depend on your age and the level of disability awarded by the Jobcentre Plus. These are worked out on a sliding scale: the younger you are and the greater your level of disability, the higher your compensation payment.

The payments under the Mesothelioma 2008 scheme will be lower than the amount paid under the 79 Act for the first 2 years of operation. It is then hoped that the payments will be equalised.

If you later have a successful civil claim payment, the amount of compensation paid under the 79 Act or 2008 Act will be deducted from the final civil compensation (damages) and paid back to the Goverment, to ensure money is available to continue the scheme.

Can I make a claim for someone after they have died?

Yes if you are a dependant

If you are a dependant of someone who has died you can apply for payment from the DWP, but only one category of dependant is paid.

Dependants are considered in the following order:

surviving husband or wife of the sufferer; or if there is no spouse,

the sufferer’s children who are under 16 years old or under 21 but not in full time paid employment; or

permanently incapable of supporting themselves at the time the sufferer died: or if there are no children;

the sufferer’s partner who lived with the sufferer, although not married; or if there is no partner;

any other relative who was a dependant on the sufferer at the time of his or her death.

Which forms should be completed?

Civil Compensation.

Employers, owners of premises, manufacturers, and others, all have a general duty of care to people who work and to those that may be affected by their operations. If you were exposed to ,asbestos as an employee and suffer an asbestos disease or if you have been affected as a non-employee by the activities of others, you may be able to claim compensation through the courts.

If you sue someone for negligence you do so through the civil courts. You will ask for compensation because you have suffered harm as a result of their negligence. Civil courts cannot punish any one who is guilty of negligence by fining them or sending them to prison, they can only order them to pay compensation.

If you have worked in a job where you were exposed to asbestos you will have to explain where and how you were exposed to it. You will also have to explain how your employer failed to protect you from asbestos dust. Sometimes this can be difficult since it may be many years since you worked with or came into contact with asbestos, and it can take many years for an asbestos disease to develop. However, until well into the 1970s, employers generally failed to protect their employees from asbestos dust. Even today some employers fail to adequately protect their employees and members of the public from exposure to asbestos dust.

Suing your employer for negligence

Although you may successfully sue your employer for negligence, it is your employer's insurance company that will actually pay compensation. If your employer has gone out of business it might still be possible to sue if the insurance company can be traced. If that is possible, then a solicitor can `bring the company back to life' for the purposes of claiming compensation. Most cases do not actually go to court, although the case might continue right up to the day of the court appearance. Because asbestos cases can be complex it is essential that you have a solicitor who specialises in asbestos cases.

DAST can give you information about solicitors who are experts in asbestos claims.

Since it is no longer possible to get Legal Aid for personal injury cases you will have to get a solicitor to take on your case on a 'no-win-no-fee' basis. This is called a `conditional fee agreement'.

If you are a member of a Trade Union you should ask for legal representation as it will mean that you will not have to pay any money up front. There may, however, be an administration charge deducted from your compensation if you win your case

Conditional Fee Agreement

Before you sign an agreement

It is usual for a solicitor to make preliminary enquiries to see if you have a good case before a conditional fee agreement is offered. This should not take a long time. Your solicitor should be able to tell you if you have a case within about two weeks, although sometimes it may take longer. It is possible that you will be charged some money for these enquiries that may include getting work, insurance or hospital records. Make sure that your solicitor makes very clear to you what you might have to pay for these enquiries.

How the conditional fee agreement works

You take out an insurance policy so that in the event of you dropping or losing your case you will not have to pay the other side's legal charges or your own solicitor's charges or money your solicitor has laid out to others ("disbursements") during the case - these will be covered by your insurance policy.

If you win, your solicitor claims his/her charges, money laid out to others and the cost of buying insurance for you, from the other side. Also, if you win, your solicitor may be entitled to a "success fee" for taking on the risk of your case which will be paid by the other side, not by you.

The Insurance Policy

You purchase an insurance policy. The cost of the policy will vary depending on the complexity of your case. Your solicitor may pay this for you and recover the cost from the other side if you win. Solicitors on the DAST panel of solicitors will ensure that your inability to pay for the insurance policy does not prevent you from taking legal action. If, for any reason, you are unable to pursue a claim because you cannot afford the insurance policy let DAST know.

Court fees and experts fees

Once court action has started court fees have to be paid and it is likely that expert's reports will also have to be paid for. Money paid to others, such as court fees and experts' reports are called `disbursements'. These can cost a lot of money that may be difficult for you to pay. Your solicitor should pay these fees for you. If you win, your solicitor claims them back from the other side and if you lose your insurance policy will pay them. Make sure you ask your solicitor who is responsible for paying court fees and for experts' reports.

It is possible that some of these expenses may not be fully recoverable. Your solicitor must explain this to you and let you know how much you may have to pay. They should be able to quote you a figure. If you think it is too much, speak to another solicitor or contact the asbestos support group.

The success fee

Your solicitor will charge a success fee if you win. The success fee is now no longer taken out of your compensation, but is paid by the other side.

Compensation

Compensation is paid for the damage you have suffered because you have an asbestos disease, e.g. loss of earnings, pain and suffering etc. These damages are put in categories called `heads of compensation'. You can be paid compensation under the following heads:

Pain and suffering

Loss of earnings

Care for you by someone else

Medical expenses

Special equipment

Loss of pension

For pleural plaques, which generally cause no pain or suffering and have few symptoms, you can claim for the worry that your disease may get worse.

Provisional compensation

It is possible to claim compensation for some asbestos diseases, but reserve the right to apply again to the court for further compensation if your disease gets worse or you get a more serious disease. The damages you receive are then called `provisional damages'. You may decide to take a final settlement which will be greater than a provisional one but you will not be able to seek further damages.

Compensation Recovery

Money paid by the DWP in benefits is recoverable from your compensation. This money cannot be recovered from compensation paid to you for pain and suffering. If you receive compensation for loss of earnings, mobility, cost of care, the corresponding DWP benefits under these `heads of compensation' will have to be repaid. If the benefits you have been paid, say for mobility, are more than the compensation you have received for mobility, your compensation for other `heads of damages' cannot be reduced to make up the short fall.

Here is an example:

An injured person is awarded £12, 000 compensation for past loss of earnings and £10, 000 for pain and suffering. The person has previously received f-15,000 of Incapacity Benefit and £5000 Disability Living Allowance (care) from the DSS- a total of £20, 000 of recoverable benefits.

In this case the injured person's compensation for loss of earnings will be reduced to NIL, but they will receive the full £10,000 compensation for pain and suffering. It is up to the person paying the compensation to make up the full £20,000 of benefits.

Clawback of benefits stops on settlement of the case. It is therefore very important to have a solicitor with sufficient experience to conclude cases at the earliest date possible.

Choosing a Solicitor

It is very important to chose a solicitor who has experience of personal injury claims.

DAST has prepared a panel of specialist asbestos solicitors. We have asked all solicitors who wish to be included on the panel to complete a questionnaire. All the solicitors that successfully complete the questionnaire will have shown that they not only have years of experience in asbestos cases, but also provide the most favourable financial advice and help. They must also show that they are committed to fighting for a better deal for asbestos victims.

We do not have any special relationship with any of the solicitors on the panel. We are a completely independent, voluntary organisation. Please let us know how you are treated by any solicitor you choose from our panel to help us review their performance.

When choosing a solicitor be careful not to use `claim handlers' or similar organisations who advertise on TV and radio who may have thousands of clients and will not give you a personal service. They are sometimes more interested in doing a deal with the insurer rather than getting the best deal for you.

Questions you should ask your solicitor

If you do not choose a specialist solicitor from the DAST panel of solicitors, you should ask any solicitor you chose the following questions to make sure that they have the expertise to manage your case:

Does the solicitor specialise in asbestos cases?

How many asbestos cases has the solicitor handled?

Is a conditional fee agreement being offered and what is the success fee?

Will the solicitor pay for your insurance policy, or at least help you find ways to pay for it?

Will the solicitor pay for all the court costs and experts' fees for you? (The solicitor can claim these back).

Is the solicitor a member of the Law Society's Personal Injury Panel?

How soon does the solicitor expect to start a court action? This should be done quickly to put pressure on the insurance company.

				Derbyshire Asbestos Support Team

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	HELP FOR VICTIMS AND FAMILIES OF ASBESTOS RELATED DISEASES
	The Pneumoconiosis etc (Workers’ Compensation Act) 1979 (WCA) is designed to provide compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust. These compensation payments are dealt with by the Jobcentre Plus Barrow Jobcentre Pittman Way PRESTON PR11 2AB The DWP telephone helpline is free phone 0800 279 2322. Who can claim compensation under the WCA? You can claim compensation under the Workers’ Compensation Act if you fulfill two conditions: You have been awarded Industrial Injuries Disablement Benefit for an asbestos disease or if you have an asbestos-related prescribed disease for which you have not met the 14% disability requirement, but you have been assessed at least at 1% and The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a reasonable chance of obtaining damages from them. When should I apply? If you are still in the process of applying for IIDB don’t wait until you have been assessed by the Jobcentre Plus to apply for payment under the Workers’ Compensation Act (WCA). Put your claim in for compensation at the same time as you apply for IIDB. As soon as you hear from the Jobcentre Plus let the DWP know their decision. What information do I have to give? Even though you have provided information to the Jobcentre Plus about your previous employment you still have to give details of all your previous employers to the DWP. They will check to see if there is any likelihood of you making a successful claim against any of them for compensation. 2008 Mesothelioma Scheme On 1st October 2008, the Government introduced the new Mesothelioma 2008 Scheme. This scheme will ensure that everyone who has been diagnosed with Mesothelioma will receive a lump sum payment. This is regardless of the source of exposure to asbestos. This includes anyone self employed, or who has contracted mesothelioma from an environmental source. You must apply for the scheme within 12 months of diagnosis. However, the time limit has been waived for the first year of the new scheme. What if I have a solicitor acting for me? Even if you have a solicitor acting for you can claim under the scheme.. But, it is important to tell your solicitor that you intend to apply for this payment. You do however have to state on the form if your solicitor has actually started court action. If court action has commenced then payment from the DWP cannot be made. Your solicitor may, however just be making preliminary enquiries and court action may not be started, so it is worth applying. Even if court action is started but then you withdraw before the facts are heard you can still be paid compensation. How much will I be paid? You will be paid a one-off lump sum payment . Your payment will depend on your age and the level of disability awarded by the Jobcentre Plus. These are worked out on a sliding scale: the younger you are and the greater your level of disability, the higher your compensation payment. The payments under the Mesothelioma 2008 scheme will be lower than the amount paid under the 79 Act for the first 2 years of operation. It is then hoped that the payments will be equalised. If you later have a successful civil claim payment, the amount of compensation paid under the 79 Act or 2008 Act will be deducted from the final civil compensation (damages) and paid back to the Goverment, to ensure money is available to continue the scheme. Can I make a claim for someone after they have died? Yes if you are a dependant If you are a dependant of someone who has died you can apply for payment from the DWP, but only one category of dependant is paid. Dependants are considered in the following order: surviving husband or wife of the sufferer; or if there is no spouse, the sufferer’s children who are under 16 years old or under 21 but not in full time paid employment; or permanently incapable of supporting themselves at the time the sufferer died: or if there are no children; the sufferer’s partner who lived with the sufferer, although not married; or if there is no partner; any other relative who was a dependant on the sufferer at the time of his or her death. Which forms should be completed? Civil Compensation. Employers, owners of premises, manufacturers, and others, all have a general duty of care to people who work and to those that may be affected by their operations. If you were exposed to ,asbestos as an employee and suffer an asbestos disease or if you have been affected as a non-employee by the activities of others, you may be able to claim compensation through the courts. If you sue someone for negligence you do so through the civil courts. You will ask for compensation because you have suffered harm as a result of their negligence. Civil courts cannot punish any one who is guilty of negligence by fining them or sending them to prison, they can only order them to pay compensation. If you have worked in a job where you were exposed to asbestos you will have to explain where and how you were exposed to it. You will also have to explain how your employer failed to protect you from asbestos dust. Sometimes this can be difficult since it may be many years since you worked with or came into contact with asbestos, and it can take many years for an asbestos disease to develop. However, until well into the 1970s, employers generally failed to protect their employees from asbestos dust. Even today some employers fail to adequately protect their employees and members of the public from exposure to asbestos dust. Suing your employer for negligence Although you may successfully sue your employer for negligence, it is your employer's insurance company that will actually pay compensation. If your employer has gone out of business it might still be possible to sue if the insurance company can be traced. If that is possible, then a solicitor can `bring the company back to life' for the purposes of claiming compensation. Most cases do not actually go to court, although the case might continue right up to the day of the court appearance. Because asbestos cases can be complex it is essential that you have a solicitor who specialises in asbestos cases. DAST can give you information about solicitors who are experts in asbestos claims. Since it is no longer possible to get Legal Aid for personal injury cases you will have to get a solicitor to take on your case on a 'no-win-no-fee' basis. This is called a `conditional fee agreement'. If you are a member of a Trade Union you should ask for legal representation as it will mean that you will not have to pay any money up front. There may, however, be an administration charge deducted from your compensation if you win your case Conditional Fee Agreement Before you sign an agreement It is usual for a solicitor to make preliminary enquiries to see if you have a good case before a conditional fee agreement is offered. This should not take a long time. Your solicitor should be able to tell you if you have a case within about two weeks, although sometimes it may take longer. It is possible that you will be charged some money for these enquiries that may include getting work, insurance or hospital records. Make sure that your solicitor makes very clear to you what you might have to pay for these enquiries. How the conditional fee agreement works You take out an insurance policy so that in the event of you dropping or losing your case you will not have to pay the other side's legal charges or your own solicitor's charges or money your solicitor has laid out to others ("disbursements") during the case - these will be covered by your insurance policy. If you win, your solicitor claims his/her charges, money laid out to others and the cost of buying insurance for you, from the other side. Also, if you win, your solicitor may be entitled to a "success fee" for taking on the risk of your case which will be paid by the other side, not by you. The Insurance Policy You purchase an insurance policy. The cost of the policy will vary depending on the complexity of your case. Your solicitor may pay this for you and recover the cost from the other side if you win. Solicitors on the DAST panel of solicitors will ensure that your inability to pay for the insurance policy does not prevent you from taking legal action. If, for any reason, you are unable to pursue a claim because you cannot afford the insurance policy let DAST know. Court fees and experts fees Once court action has started court fees have to be paid and it is likely that expert's reports will also have to be paid for. Money paid to others, such as court fees and experts' reports are called `disbursements'. These can cost a lot of money that may be difficult for you to pay. Your solicitor should pay these fees for you. If you win, your solicitor claims them back from the other side and if you lose your insurance policy will pay them. Make sure you ask your solicitor who is responsible for paying court fees and for experts' reports. It is possible that some of these expenses may not be fully recoverable. Your solicitor must explain this to you and let you know how much you may have to pay. They should be able to quote you a figure. If you think it is too much, speak to another solicitor or contact the asbestos support group. The success fee Your solicitor will charge a success fee if you win. The success fee is now no longer taken out of your compensation, but is paid by the other side. Compensation Compensation is paid for the damage you have suffered because you have an asbestos disease, e.g. loss of earnings, pain and suffering etc. These damages are put in categories called `heads of compensation'. You can be paid compensation under the following heads: Pain and suffering Loss of earnings Care for you by someone else Medical expenses Special equipment Loss of pension For pleural plaques, which generally cause no pain or suffering and have few symptoms, you can claim for the worry that your disease may get worse. Provisional compensation It is possible to claim compensation for some asbestos diseases, but reserve the right to apply again to the court for further compensation if your disease gets worse or you get a more serious disease. The damages you receive are then called `provisional damages'. You may decide to take a final settlement which will be greater than a provisional one but you will not be able to seek further damages. Compensation Recovery Money paid by the DWP in benefits is recoverable from your compensation. This money cannot be recovered from compensation paid to you for pain and suffering. If you receive compensation for loss of earnings, mobility, cost of care, the corresponding DWP benefits under these `heads of compensation' will have to be repaid. If the benefits you have been paid, say for mobility, are more than the compensation you have received for mobility, your compensation for other `heads of damages' cannot be reduced to make up the short fall. Here is an example: An injured person is awarded £12, 000 compensation for past loss of earnings and £10, 000 for pain and suffering. The person has previously received f-15,000 of Incapacity Benefit and £5000 Disability Living Allowance (care) from the DSS- a total of £20, 000 of recoverable benefits. In this case the injured person's compensation for loss of earnings will be reduced to NIL, but they will receive the full £10,000 compensation for pain and suffering. It is up to the person paying the compensation to make up the full £20,000 of benefits. Clawback of benefits stops on settlement of the case. It is therefore very important to have a solicitor with sufficient experience to conclude cases at the earliest date possible. Choosing a Solicitor It is very important to chose a solicitor who has experience of personal injury claims. DAST has prepared a panel of specialist asbestos solicitors. We have asked all solicitors who wish to be included on the panel to complete a questionnaire. All the solicitors that successfully complete the questionnaire will have shown that they not only have years of experience in asbestos cases, but also provide the most favourable financial advice and help. They must also show that they are committed to fighting for a better deal for asbestos victims. We do not have any special relationship with any of the solicitors on the panel. We are a completely independent, voluntary organisation. Please let us know how you are treated by any solicitor you choose from our panel to help us review their performance. When choosing a solicitor be careful not to use `claim handlers' or similar organisations who advertise on TV and radio who may have thousands of clients and will not give you a personal service. They are sometimes more interested in doing a deal with the insurer rather than getting the best deal for you. Questions you should ask your solicitor If you do not choose a specialist solicitor from the DAST panel of solicitors, you should ask any solicitor you chose the following questions to make sure that they have the expertise to manage your case: Does the solicitor specialise in asbestos cases? How many asbestos cases has the solicitor handled? Is a conditional fee agreement being offered and what is the success fee? Will the solicitor pay for your insurance policy, or at least help you find ways to pay for it? Will the solicitor pay for all the court costs and experts' fees for you? (The solicitor can claim these back). Is the solicitor a member of the Law Society's Personal Injury Panel? How soon does the solicitor expect to start a court action? This should be done quickly to put pressure on the insurance company.
© David Martin 2004-2007 Charity Registration No. 1119684