Government Lump Sum Payments

1979 Workers Compensation Scheme

The Pneumoconiosis etc (Workers' Compensation Act) 1979 provides compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust.

Who can claim under the Workers Compensation Scheme?
You can claim compensation under the Workers' Compensation Scheme if you fulfil two conditions:
1.You have been awarded Industrial Injuries Disablement Benefit (IIDB) for an asbestos disease or if you have an asbestos-related prescribed disease for which you have not met the 14% disability requirement, but you have been assessed as at least 1% disabled
And
2.The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a realistic chance of obtaining damages from them.

When should I apply?
If you are still in the process of applying for IIDB don't wait until you have been assessed by the Jobcentre Plus to apply for payment under the Workers' Compensation Scheme. Put your claim in for compensation at the same time as you apply for IIDB. Notify the Workers Compensation Section of your IIDB award.

What information do I provide?
Even though you have provided information about your previous employment in your Industrial Injuries Disablement Benefit application you still have to give details of ALL your previous employers to the Workers Compensation Section. They will check to see if there is any likelihood of you making a successful compensation claim.

What if I have a solicitor acting for me?
You may claim even if you have a solicitor acting for you. But it is important to tell your solicitor that you intend to apply for this payment.

If court action has commenced then a payment cannot be made. Your solicitor may however just be making preliminary enquiries and court action may not have started, so it is worth applying. Even if court action has started but you then withdraw before the facts are heard you can still be paid compensation.

NOTE: If you are successful in winning compensation from a negligent employer or their insurer through court action, the small payment made under the Workers Compensation Act will be deducted from the more substantial payment from an employer or their insurer.

Mesothelioma sufferers who do NOT qualify for a payment under the 1979 Workers Compensation Scheme should apply for a lump sum payment under the 2008 Diffuse Mesothelioma Scheme. The vast majority of mesothelioma sufferers should receive a lump sum payment under one of the two schemes.

Pneumoconiosis etc. (Workers Compensation) Act 1979 payments
Payments for those assessed for IIDB on or after 1 April, 2010

Pneumoconiosis etc. (Workers Compensation) Act 1979 payments
Posthumous payments to dependents from 1 April, 2010