header-logo header-logo

05 March 2010
Issue: 7407 / Categories: Legal News , Health & safety , Damages
printer mail-detail

Asbestos illness payments rise

Extra financial help for sufferers of mesothelioma and plural plaques
Mesothelioma sufferers are to be given an extra 40% of financial help, the Department of Work and Pensions (DWP) has announced.

From April, lump sum payments made under the 2008 Mesothelioma Scheme will increase to the same level as those paid under the Pneumoconiosis etc (Workers’ Compensation) Act 1979. This means individuals who develop the disease from asbestos exposure outside the workplace will receive the same payment as those exposed at work. 

Sufferers currently receive a minimum payment of £8,197 from the Mesothelioma Scheme. This will rise to £11,678 in April. The maximum payment will rise from £52,772 to £75,176.

Families of sufferers will be given an increase of up to £5,000. The government will increase payment levels under the 1979 Act by a further 1.5%. About 6,000 claimants with pleural plaques who began claims before a House of Lords ruling on 17 October 2007 will be given one-off payments of £5,000. The Law Lords held that the existence of pleural plaques did not constitute actionable or compensatable damage. Previously, the courts had regarded plaques as compensatable.

Trade union law firm Thompsons Solicitors welcomed the DWP decision on mesothelioma but expressed disappointment at the decision not to restore compensation for people with pleural plaques.

Ian McFall, head of asbestos policy at Thompsons Solicitors said: “On behalf of our clients we are disappointed the government has decided not to overturn the House of Lords’ judgment although we recognise that at least some people with pleural plaques will get something.”

The Association of Personal Injury Lawyers welcomed the increased payments for mesothelioma sufferers and their dependants, but said the decision on pleural plaques was “a disappointing end to a long, drawn out consultation process”. Mesothelioma is a fatal cancer of the lining of the lungs or abdomen associated with exposure to asbestos.

Issue: 7407 / Categories: Legal News , Health & safety , Damages
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll