1979 Workers Compensation Scheme

The Pneumoconiosis etc (Workers’ Compensation Act) 1979  provides compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust.

Who can claim under the Workers Compensation Scheme?

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

You have been awarded Industrial Injuries Disablement Benefit (IIDB) 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 as at least  1% disabled

And

The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a realistic 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 Scheme. Put your claim in for compensation at the same time as you apply for IIDB. Notify the Workers Compensation Section of your IIDB award.

What information do I provide? Even though you have provided information about your previous employment in your Industrial Injuries Disablement Benefit application you still have to give details of ALL your previous employers to the Workers Compensation Section. They will check to see if there is any likelihood of you making a successful compensation claim.

What if I have a solicitor acting for me? You may claim even if you have a solicitor acting for you. But it is important to tell your solicitor that you intend to apply for this payment.

      If court action has commenced then a payment cannot be made. Your solicitor may however just be making preliminary enquiries and court action may not have started, so it is worth applying. Even if court action has started but you then withdraw before the facts are heard you can still be paid compensation.

NOTE: If you are successful in winning compensation from a negligent employer or their insurer through court action, the small payment made under the Workers Compensation Act will be deducted from the more substantial payment from an employer or their insurer. 

2008 Diffuse Mesothelioma Scheme

Mesothelioma sufferers who do NOT qualify for a payment under the 1979 Workers Compensation Scheme should apply for a lump sum payment under the 2008 Diffuse Mesothelioma Scheme. ALL mesothelioma sufferers should receive a lump sum payment under one of the two schemes.

Applications under both schemes are made on one form PWC1. Lump sum payments are administered by the

Workers Compensation Section

Jobcentre Plus, Barrow IIDB Centre

Phoenix House 4th Floor

Pitman Way

Preston  PR11 2AB

The DWP telephone helpline is free phone 0800 279 2322.

How much will I be paid?

Under the Workers Compensation Scheme you will be paid a one-off lump sum payment. Your payment will depend on your age and the level of disability awarded for Industrial Injuries Disablement Benefit. These are worked out on a sliding scale: the younger you

are and the greater your level of disability, the higher your compensation payment. Mesothelioma sufferers are paid at the 100% rate.

Payments under the 2008 Diffuse Mesothelioma Scheme are also paid on a sliding scale and will eventually be paid at the Workers Compensation Scheme rate, but for the next two to three years the payments will be less than the Workers Compensation Scheme rate.

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 a lump sum payment  under either of the two schemes, 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 are

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 dependent on the sufferer at the time of his or her death.

Which forms should be completed?

Complete the Form PWC 1 for applications under both schemes