Mesothelioma and asbestos claim: compensation for UK workers

What is mesothelioma?

Mesothelioma is a cancer of the lining of the lungs (pleural mesothelioma), abdomen (peritoneal mesothelioma) or, more rarely, the heart. It is caused by inhaling or swallowing asbestos fibres. The disease typically develops 20 to 50 years after exposure, meaning people diagnosed now were often exposed decades ago when asbestos use was widespread in UK industry. The HSE estimates around 2,500 people die from mesothelioma in Great Britain each year.

What other asbestos-related diseases can lead to a claim?

v Chemical and Insulating Co [2007] UKHL 39, they are evidence of exposure

• Asbestosis — scarring of the lung tissue
• Pleural thickening — scarring of the lung lining
• Pleural plaques — though these are not individually compensatable following Rothwell
• Asbestos-related lung cancer
• Diffuse pleural thickening

What does the law require employers to do about asbestos?

The Control of Asbestos Regulations 2012 (replacing earlier regulations) require employers and building owners to manage asbestos risk, carry out surveys, maintain an asbestos register, and provide adequate training and PPE to workers who may encounter asbestos. Before 1999 (when asbestos was banned in the UK), the earlier Asbestos Regulations 1969 and 1987 applied. An employer who failed to protect workers from asbestos exposure may be liable even under the earlier law.

How is a mesothelioma compensation claim valued?

Mesothelioma claims are among the highest-value occupational disease cases. Judicial College Guidelines 17th edition ranges for mesothelioma:

and the period of awareness before death Special damages include lost earnings, care costs, travel to treatment, and in fatal cases, dependency claims under the Fatal Accidents Act 1976.

• £75,010 to £135,590 for general damages depending on the degree of pain, suffering

What is the Diffuse Mesothelioma Payment Scheme?

The Diffuse Mesothelioma Payment Scheme (DMPS), established under the Mesothelioma Act 2014, provides payments to mesothelioma sufferers who cannot trace their employer's liability insurance. It provides a payment equal to 80% of the average civil settlement for mesothelioma. You can apply to the DMPS and still pursue a civil claim if the insurer is later traced.

What if the employer no longer exists?

A dissolved or insolvent employer does not end your right to claim. Under the Employers' Liability (Compulsory Insurance) Act 1969, employers must hold liability insurance. The Employers' Liability Tracing Office (ELTO) maintains a database of historic policies. If the policy can be traced, the insurer — not the employer — pays the compensation. If it cannot be traced, the DMPS provides an alternative route.

What is the time limit for a mesothelioma claim?

Three years from the date of diagnosis, or from the date of knowledge that the disease was caused by asbestos exposure at work. Because mesothelioma has a long latency period, the date of knowledge — not the date of exposure — starts the clock. In fatal cases, dependants have three years from the date of death.

What about Industrial Injuries Disablement Benefit (IIDB)?

Mesothelioma sufferers may also be entitled to IIDB (a state benefit) independently of any civil claim. IIDB for mesothelioma is paid at the 100% disablement rate automatically. Receiving IIDB does not prevent a civil claim, but compensation received in a civil claim may be reduced by recoverable benefits under the Compensation Recovery Unit scheme.