Those unfortunate enough to be diagnosed with the deadly disease, Mesothelioma, on or after 25th July 2012, as a result of exposure to asbestos either negligently or through the breach of statutory duty of their employers are eligible to apply for compensation under the Diffuse Mesothelioma Payment Scheme if the liable employer or insurer cannot be traced. Back in March 2014, the scheme was introduced following the passing of the Mesothelioma Act, entitling Mesothelioma Victims to 80% of the average settlement paid out in civil actions where an employer or their Insurer can be identified. This meant that compensation payments could range from £115,000 to £123,000. The scheme is Government funded (with an annual levy being paid by insurers) and allows Claimant’s a route of obtaining compensation where the relevant employer/ insurer cannot be identified or traced. This was a major development in allowing victims and their families a route of securing compensation to cover the costs of care and treatment resulting from this deadly illness.
However the news gets better, the Government has recently announced that Mesothelioma victims can now apply to get 100% of the average compensation award made through the Diffuse Mesothelioma Payment Scheme. Following a 12 month monitoring period of the uptake of the scheme, Mark Harper, Minister for Disabled at the Department of Work and Pensions announced that the increase is due to the fact that fewer Claimants than anticipated have applied: a surprise in itself.
Without doubt, this is a massive development in providing Mesothelioma suffers and their families an avenue by which they can be compensated for the pain and suffering they have been put through – putting potential Claimants on a very much level playing field.
Claimant’s looking to apply under the Scheme will still have to demonstrate and prove that they were negligently exposed to Asbestos and that they cannot track down their employer or insurer – a time consuming task in itself. A Claimant has to prove that they would have had a “good” case if the employer and/or insurer could have been traced – the best way of doing so is to obtain legal assistance to prove your case and get you the right amount of compensation you deserve.
Here at Farleys our dedicated team of personal injury solicitors specialise in helping suffers of Mesthelioma recieve the compensation they deserve. For a free initial claim assessment contact Farleys now on 0845 050 1958, alternatively please complete an online enquiry form to begin your claim today.