If you’re living with an asbestos-related illness, you could be able to claim compensation, as well as a wide range of state benefits. This money can help you and your family following a diagnosis, where you are already dealing with the physical and emotional impact of your condition.
Our asbestos lawyers have decades of experience getting people the compensation they deserve, as well as accessing the benefits they are entitled to. This page provides information about the main benefits and compensation schemes you may be entitled to, but please call us on 0800 056 4110 if you’d like to discuss your case in a free initial consultation.
The importance of claiming compensation
If you’ve developed an asbestos-related illness, compensation can help pay for your care, as well as providing financially for your family.
The standard time limit for starting a personal injury claim is three years. In asbestos claims, this is from the date that you became aware you have a disability caused by your exposure to asbestos.
It’s important to begin your claim as soon as you're able – even if your illness is currently benign. If you don't start your claim within the three-year limit, it may mean that you’re unable to claim compensation for your current illness. You may also be unable to claim if you go on to develop a more serious condition linked to your asbestos exposure later.
Our asbestos team is the largest and most experienced in the country, and we can advise you on whether you have a claim in a free initial consultation.
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Industrial Injuries Disablement Benefit (IIDB)
If you’ve been diagnosed with an asbestos-related illness, you may be able to claim Industrial Injuries Disablement Benefit (IIDB). This benefit can be claimed if your condition causes you disability in some way.
IIDB can be paid, even if your asbestos-related illness is non-life threatening. Conditions that are eligible include:
- Mesothelioma
- Asbestos related lung cancer
- Asbestosis
- Pleural thickening
This benefit is paid weekly and can be paid for life. The amount you receive will depend on the severity of your condition, but mesothelioma is automatically assessed at the maximum amount. The current maximum amount can be found on the IIDB website.
You can claim Industrial Injuries Disablement Benefit even if you're claiming compensation, and it doesn’t matter whether you’re still working or are retired. IIDB can be backdated for up to 13 weeks.
Claiming IIDB may affect your entitlement to other state benefits. If you’re already getting any state benefits, we recommend you seek advice before you make a claim for IIDB.
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Pneumoconiosis etc. (Workers’ Compensation) Act 1979
If you have mesothelioma and have been awarded Industrial Injuries Disablement Benefit, you will also be entitled to a lump sum payment. This will either be under the Pneumoconiosis etc. (Workers’ Compensation) Act, or the Diffuse Mesothelioma Scheme.
To qualify for a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act you must meet both of the following criteria:
- Your illness must have been caused by exposure to asbestos within paid employment
- You are getting Industrial Injuries Disablement Benefit.
You may also be able to claim if you're the dependent of a loved one who's died from an asbestos related disease. However, this claim must be made within 12 months of their death.
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2008 Diffuse Mesothelioma Scheme
The 2008 Diffuse Mesothelioma Scheme was set up to cover those who are not eligible to claim a lump sum payment through the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.
You may be able to claim through the 2008 Diffuse Mesothelioma Scheme if you were exposed to asbestos:
- But are unsure or unaware of where the exposure took place
- Through a relative (for instance through washing their clothes)
- But were self employed
- Through environmental exposure – living near to a site where asbestos was manufactured or used
- At a school, university or hospital.
The amount paid depends on the age you were diagnosed with mesothelioma. You can find out how much you may be entitled to on Gov.uk's page about Diffuse Mesothelioma Payments.
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Diffuse Mesothelioma Payments Scheme (DMPS)
The Diffuse Mesothelioma Payments Scheme (DMPS) is a scheme set up for those who are unable to make a civil compensation claim against an employer (or an employer’s insurer). Please visit our page on the DMPS for more information.
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Personal Independence Payment (PIP)
You may be eligible for PIP if you’re aged between 16 and State Pension age to help pay for the costs of living with a long-term condition.
The “daily living component” of the Personal Independence Payment (PIP) provides a weekly payment to help manage your condition (if you need assistance washing, for example).
PIP is currently £72.65 or the higher rate of £108.55 per week. Whether you qualify for the standard or enhanced rate will depend your level of function and need for assistance rather than on your illness. You’ll likely need an assessment.
In addition, the Personal Independence Payment has a “mobility component”. If you're eligible for the mobility PIP, you may be eligible to access the Motability scheme for an accessible vehicle.
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Attendance Allowance (AA)
You could be eligible to get an Attendance Allowance (AA) if you’re State Pension age. Like PIP, these are benefits that can help you pay for expenses that come with living with a long-term condition.
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If a friend or family members is giving you over 35 hours of care support each week, they may be eligible to claim Carer’s Allowance. You must be in receipt of either PIP or AA.
To do this, they must be aged 16 or over and not in full-time education. There’ll be a financial assessment.
Full details can be found on the Carers UK website.
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Blue Parking Badge
You may be able to apply to your local council for a Blue Badge, which can make life easier. Usually, you need to be receiving the Personal Independence Payment or Attendance Allowance to qualify.
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Irwin Mitchell Client Support Team
We offer a client support service to support our clients and their families to access support services, benefits, rehabilitation and anything else that they might require beyond the legal claim. Our client support managers are an Occupational Therapist and Social worker.
Our team is experienced in helping people claim the benefits that they’re entitled to. We offer a free initial consultation, so please call us on 0808 303 8266 or contact us online to speak to an expert.
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Useful links
All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
