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Mesothelioma compensation claims

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What is mesothelioma?

Mesothelioma is a tumour which affects the mesothelium, most commonly in the lining of the lung, but can also affect the abdominal cavity, heart or testes.

Mesothelioma is almost always caused by exposure to asbestos and has a long latency period of typically between 20 and 50 years.

The disease is often associated with a rapid and significant weight loss combined with heavy and sudden sweating, particularly at night.

What causes mesothelioma?

Asbestos is the single greatest cause of work related deaths in the UK. It was used extensively from the 1940s to the 1980s as a building material and any building built before 2000 could contain asbestos. Asbestos was widely used due to its heat resistant properties, in both residential and industrial buildings, ships, schools and other public buildings.

Malignant mesothelioma is extremely rare in the absence of asbestos exposure and there is a direct correlation between the level of exposure to asbestos and the risk of developing mesothelioma.

Mesothelioma can however occur even after relatively low levels of exposure to asbestos. It can also occur following indirect exposure to asbestos for example when women have washed the overalls of men who have asbestos fibres on their clothing, or environmentally as a result of living close to an asbestos factory.

Does mesothelioma get worse?

Until very recently it was believed that malignant mesothelioma was an untreatable disease. The average life expectancy following diagnosis is just over a year, with some people surviving three years or more.

Some cases do however respond to aggressive treatment such as radiotherapy or chemotherapy and extensive surgery, although careful consideration should be given to the side effects.

Is compensation available for mesothelioma?

Compensation for malignant mesothelioma is available.

If you receive a diagnosis of mesothelioma then you should get in touch with us to discuss the possibility of making a compensation claim. This is even if you haven’t worked directly with asbestos or cannot recall the circumstances of your exposure. It may well be that, after careful questioning, it becomes apparent where and when your exposure to asbestos is likely to have occurred.

How much will it cost to bring a claim?

We always provide an initial interview free of charge. At that meeting we will discuss how to fund your claim. We offer Conditional Fee Agreements (CFA's or "no win no fee") and as a client with mesothelioma you will receive 100% of your compensation.

What should I do next?

We are happy to discuss the possibility of bringing a claim, without any obligations to take matters further. This is also the case for the families of those with mesothelioma who are entitled to bring a claim on behalf of the estate.

We are also able to assist in making applications for benefits.

Have you helped others like me with mesothelioma?

We have many years of experience. Read our case studies to find out how we have helped others.

Available benefits

Industrial Injuries Disablement Benefit
If you have mesothelioma and believe the disease was caused by your employment then you are entitled to apply for Industrial Injuries Disablement Benefit, a weekly payment from the government.

Pneumoconiosis etc. (Workers Compensation) Act 1979
A lump sum payment under the Pneumoconiosis etc. (Workers Compensation) Act 1979 can also be made where the mesothelioma was caused by employment, provided that no compensation from a civil claim in respect of the disease has already been received. The award is generally made where the employer has ceased trading and their insurer can be traced.

Diffuse Mesothelioma Scheme (2008)
If you have mesothelioma, and were exposed to asbestos in the UK, but are not entitled to a payment under the Pneumoconiosis etc. (Workers Compensation) Act 1979 (because the asbestos exposure did not occur during employment) an application can be made for a payment under the Diffuse Mesothelioma Scheme 2008.

Diffuse Mesothelioma Payment Scheme (2014)
This scheme was introduced in 2014 to compensate those who were unable to trace their employers’ liability insurers. Those who have diffuse mesothelioma may be eligible for a payment under the Diffuse Mesothelioma Payment Scheme 2014 providing that:

  • They were diagnosed with mesothelioma on or after 25 July 2012

  • The diffuse mesothelioma was caused by negligent exposure to asbestos during employment

  • They are unable to trace all the employers who exposed them to asbestos

  • They are unable to trace the relevant employers’ liability insurers

The Scheme pays out 80% of the average amount awarded in civil claims to those diagnosed with mesothelioma on or after 25 July 2012 until 9 February 2015 and that 100% of the average amount awarded in civil claims for those diagnosed on or after 10 February 2015.

How do I apply for these benefits?

We can assist you in the process of applying for benefits. Please contact us at IDClaims@boyesturner.com or call 0800 884 0718 for assistance.

What next?

If you have been diagnosed as suffering from malignant mesothelioma we can help. Contact us on 0800 884 0718 or email IDClaims@boyesturner.com and one of our team will be happy to discuss your claim. For further information please download our Mesothelioma Claims Factsheet.

Keep up to date with the latest asbestos claims information by subscribing to our 'Asbestos Alert' e-newsletter.

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20 Sep 2017 14th Edition Judicial College Guidelines published
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