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Government Benefits for Industrial Diseases

If you have contracted an industrial disease, you may be entitled to make a personal injury claim. You may also be eligible for certain state benefits or payments administered by the Department for Work and Pensions (DWP).

Our lawyers are experts in industrial disease cases and can provide specialist advice on your individual case. Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for assistance.

Industrial Injuries Disablement Benefit (IIDB)
Pneumoconiosis etc. (Workers Compensation) Act 1979
The 2008 Diffuse Mesothelioma Scheme
Armed Forces Compensation Scheme
War Disablement Pension
Disability Living Allowance
Constant Attendance Allowance
Specialist Industrial Disease Advice

Industrial Injuries Disablement Benefit (IIDB)

If you are suffering from an industrial disease or deafness related to work, and this has rendered you ill or disabled, it may be possible to claim IIDB. The benefit is available to sufferers of certain prescribed diseases, but only for those who were not self employed in the work that caused their condition.

In order to be eligible, the sufferer must meet certain criteria, details of which can be found on the Directgov website. There are also time limits involved, so it is important to apply without delay if you believe you may be eligible.

Some of the diseases that are included in the scheme are: occupational deafness, occupational dermatitis, occupational asthma, asbestos-related diseases, pneumoconiosis, chronic bronchitis and emphysema, vibration white finger, bladder cancer and illnesses related to radiation exposure or exposure to hazardous chemicals (please note, this list is not exhaustive).

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Pneumoconiosis etc. (Workers Compensation) Act 1979

This Act is designed to help sufferers of certain dust-related diseases where the exposure was easily identifiable as a workplace exposure. If it is not possible to make a compensation claim against an employer or former employer in the normal way, for example because they are no longer trading or employers liability insurance cover cannot be traced, it may be possible to claim a one-off, lump sum payment under the Pneumoconiosis etc. (Workers Compensation) Act 1979.

The diseases that are covered by the Act include: diffuse mesothelioma, asbestosis, silicosis, kaolinosis, diffuse pleural thickening, asbestos-related lung cancer and byssinosis.

In cases where the sufferer has died, certain dependant relatives may be able to make a posthumous claim.

It is important in this situation to also claim IIDB above.

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The Diffuse Mesothelioma Scheme 2008 (The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 / Child Maintenance and Other Payments Act 2008)

A new government scheme began on 1st October 2008, designed to help mesothelioma victims who are ineligible for compensation through an employer, Ministry of Defence scheme or under the Pneumoconiosis Act 1979. This may provide some compensation to victims of mesothelioma where it is not possible to identify where the asbestos exposure occurred. Dependants of a deceased mesothelioma sufferer can also claim in some circumstances. Asbestos is overwhelmingly responsible in 90% of such cases for causing mesothelioma but it may take between 20 to 40 years after the exposure for this cancer to develop. It may not be easy for the victim or family to define precisely where and how the asbestos exposure occurred and this scheme has been introduced to help people in this situation.

Payments are made on a scale, based on the age of the sufferer when the disease was diagnosed. There is a separate scale for dependant relatives.

To be eligible under the scheme, the sufferer’s exposure to asbestos must not be attributed to their work. For example they may have received second hand exposure through a family member by breathing in dust from contaminated work clothes, their exposure may have been environmental (if, say, they lived in the vicinity of industrial premises using asbestos), or if it is not possible to trace how they were exposed at all, so long as the exposure would have occurred in the UK. Persons who were self-employed at the time of their exposure can also apply for a payment under the scheme.

There are time limits involved, so it is important to apply promptly if you believe you may be eligible.

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Armed Forces Compensation Scheme

In those cases where an illness started after 6th April 2005, it might be possible to pursue a claim under the no fault Armed Forces Compensation Scheme.

Under the scheme, applicants do not have to show that someone else was at fault. Compensation will be paid under the scheme according to the severity of the illness sustained and in serious cases an award will also be made when the illness has consequences in terms of earnings. The compensation awarded is based on a fixed tarriff. Service personnel who are still serving can claim under this scheme so, unlike the War Pension system, claimants do not have to wait until they are discharged from service to make a claim.

Claiming under the AFCS does not prevent an person bringing a civil claim in the courts. The AFCS does have some limitations and in some cases the compensation received through the courts will be a lot more than under the no fault scheme. It is therefore important that service personnel receive full advice about their options rights and remedies and sole reliance on the scheme might be to their financial disadvantage.

There is a 5 year time limit from when medical advice of the condition was first received / sought or 5 years after retirement or whichever is the earliest. There are however exceptions for late developing conditions. If you suspect that you have developed such a condition, it is important not to delay exploring the possibility of claiming this compensation.

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War Disablement Pension

If the illness or condition you suffer from was diagnosed before 6th April 2005, a claim for a War Disablement Pension may be possible. There are time limits imposed, making it necessary to act as quickly as possible.

It is only possible to make a claim for an industrial illness under the War Pension scheme if you have been discharged from service.

The range of eligible applicants includes Armed Forces personnel, civil defence volunteers, civilians injured in the 2nd World War, merchant sailors injured during wartime and Polish Armed Service personnel under British Command injured during the 2nd World War.

It is important to remember that, in addition to a claim made using the scheme, it could also be possible to make a civil claim separately. It is therefore essential to seek advice from a solicitor specialised in claims against the MoD on how best to pursue compensation.

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Disability Living Allowance

Disability Living Allowance, or DLA, is available to certain people with terminal illnesses, or who have mobility problems or care needs, to help cover the costs of care provided by other person/s.

There are criteria for eligibility and the amount payable is dependent upon the level of disability. For full details see the Directgov website.

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Constant Attendance Allowance

If a person is already in receipt of IIDB or a War Pension, and requires daily care, they may be entitled to claim Constant Attendance Allowance (CAA).

There are criteria for eligibility and the amount payable is dependent upon the level of disability. For full details see the Directgov website.

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Specialist Industrial Disease Advice

If you or a member of your family is suffering from, or has passed away due to, an industrial illness, you should seek prompt advice from a specialist personal injury lawyer.

At The Legal Line, our solicitors have many years experience in recovering compensation for the victims of work-related diseases and can provide you with expert advice on a cost-free, confidential basis.

Visit our news and client stories sections for details about some of the many cases we have fought and won on behalf of our clients.

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