Asbestosis and Pleural Thickening Claim - Is Compensation Paid by the Government?

Am I entitled to help from the Government?                                   

There are a number of Government benefits and payments for people diagnosed with pleural thickening or asbestosis.

We can assist you with applying for these or put you in touch with benefit advisors with experience of working with sufferers of asbestos related illnesses.  

Most of these benefits are not means tested and so your income and capital are not taken into account.  However these benefits can affect any other means tested benefits you are receiving which is why you need advice before applying.  

 

Weekly or Monthly Benefits  

1. Industrial Injuries Disablement Benefit (IIDB)
   
   You will be entitled to IIDB if you are diagnosed with pleural thickening or asbestosis and were exposed to asbestos dust whilst employed.
   
   Job Centre Plus will ask you to attend a medical examination at their local office provided you are well enough to do so. How much benefit you get depends on how disabled you are due to the pleural thickening or asbestosis.  
   
   If someone has died from pleural thickening or asbestosis then the deceased’s representative can make an application but this has to be done within 12 months of death.
    
2. Attendance Allowance (AA) or Personal Independence Payment (PIP)
   
   If you need help with personal care and/or mobility then you might be entitled to one of these benefits. AA is paid to people who are over 65 and PIP to those under 65.
    
3. Constant Attendance Allowance (CAA) and Exceptionally Severe Disablement Allowance (ESDA)
   
   If you receive IIDB and need daily care and attention then you might be entitled to CAA and ESDA. There are 4 payment rates for CAA. If you are in either of the top two rates then you may also qualify for ESDA.

 

One off lump sum payments

1. Pneumoconiosis Etc (Workers Compensation) Act 1979
   
   If you receive IIDB you can apply for a lump sum payment under the 1979 Act. How much you receive will depend on your age and the IIDB assessment of your disability.  
   
   You can't receive this payment if you have already started a court action or received compensation from your employer.
   
   You have 12 months from the date you were awarded IIDB to apply but you should apply straightaway.
   
   If someone has died of pleural thickening or asbestosis their dependent can apply for a payment within 12 months of the date of death.

 

Armed Forces Exposure to Asbestos Dust

If you were exposed to asbestos dust in the Armed Forces before May 1987 then you cannot sue the Government for compensation because of the crown immunity rule.

If you are diagnosed with pleural thickening or asbestosis you might be eligible to apply for a War Pension.

This is very similar to IIDB. If you were exposed to asbestos whilst working in the Armed Forces you can apply for this pension. The pension is paid weekly and is not means tested.

How much you receive will depend on your disability due to the pleural thickening or asbestosis.

If someone has died from pleural thickening or asbestosis then their widow/widower may be entitled to a War Pension.