Soon, victims of deadly asbestos tumors who cannot track an employer’s responsible employer or insurance company will be able to apply for an average of £123,000 compensation. The Government increased this amount from £115,000 during the House of Commons debate in January after savings in plan management costs were realized.
Some 3,500 victims of violent cancer or their families could apply for compensation next month, and they will receive £123,000 from July this year, as part of a £380 million package.
The tumor of mesoethylyoma, which often takes 40 to 50 years to show symptoms after exposure to asbestos, has caused more than 300 people to suffer each year to find a relevant party to sue for damages, because companies become insolvent or insurance records are lost.
Labor and Pensions Secretary Mike Benning said:
This would end years of injustice for victims with medium-sized melodies and their families who endured this terrible disease with little hope of any compensation from the insurance industry.
We have made it a top priority to bring the plan as soon as the legislation permits, so I am pleased to announce that victims will be able to apply for payments next month.
The Misiuthyum Act was passed in January, and a new package of insurance-funded subsidies was allowed to cover more than 800 eligible people in 2014, and 300 people every year thereafter, until 2024. Victims, or dependants (where the ailing died), will receive much higher payments than the legal plans currently administered by the government. They will also receive an additional amount of £7,000 to cover legal expenses.
The claims processing firm Gallagher Basset was appointed to manage the compensation system.
The government increased payments from about £115,000 (75% of average civilian damage) to £123,000 (80% of average civilian damage). This would ensure that victims of an epidemic pay as much as possible without risking insurance companies to transfer the additional costs to companies by increasing premiums.
In addition to payments to applicants from the program, the program will pay £7,000 for legal fees. This amount will be paid directly by the applicant with the payment of the program, not by lawyers. The program was designed to accept direct applications from applicants, enabling people to apply without the assistance of a lawyer. In such cases, the individual would retain £7,000 as legal fees.
Any interest or lump-sum previously acquired by the government in relation to the disease will be deducted from the final installment.
DWP research estimates that the program will pay 300 applications per year, and that number will decrease slowly over time.
A mesoethylene tumor is a cancer in the inner lining of organs, such as the lungs, and is almost always produced from asbestos exposure. Life expectancy from diagnosis is 8 to 9 months. The long time that the evolution of the average roughness takes – perhaps 40-50 years after exposure before symptoms occur – means that some workers were negligently exposed to asbestos at work but their employers were no longer there to file a lawsuit against it. The insurance records since then are incomplete.
The new scheme will pay those who suffer from a widespread average tension as a result of improper exposure to the asbestos at work and cannot claim compensation because they cannot track a responsible employer or an employer’s liability insurance company. This system applies to persons diagnosed with moderate tumors since 25 July 2012.
In April 2011, the Association of British Insurance Companies (BA) voluntarily established the Office of Employer Liability Tracking – an electronic database of employer liability insurance policies, for which 99 per cent of insurance companies provide data.
Asbestos prohibition laws were introduced in the United Kingdom in the mid-1980s. In 1985, the United Kingdom banned the import and use of blue asbestos (crocidolite) and brown asbestos (amosite). This rule was replaced in 1992 by a law that also prohibits certain uses of white asbestos (chrysotile), which is traditionally considered less deadly than other forms of metal. In 1999, the government decided without exception to ban the use and import of chrysotile asbestos.
Other asbestos-related laws issued in the 1990s provide that the operation of any asbestos insulation products (removal, etc.) may only be carried out by a certified asbestos professional. The asbestos regulations at work have established maximum exposure limits and require proper identification and management of all asbestos. The regulations also require that employees at risk of asbestos be trained in asbestos safety measures.
DWP is currently working on two payment plans for people dealing with the intermediate tumor:
The Workers’ Compensation Act 1979 provides for a lump sum payment to workers with certain dust-related diseases (including metastases), who cannot be traced to the employer or the insured. On average, these payments amount to £18,000 for the Mesotheoloma claims
Part 4 of the Child Maintenance and Other Payments Act 2008 provides for a total compensation for all people with MSI, regardless of whether or not the disease occurred because of exposure to asbestos in employment – these payments are on average £20,000.
See also Impact Assessment on the proposals for a payment plan for people with MTSYTOTHILI