Lung Cancer 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 or whose family member has died from asbestos related lung cancer.

If you make an application for these benefits or payments then it is usually fast tracked which means you will receive a decision and your benefit or payment very quickly.

Our specialist asbestos solicitors can assist you with applying for these or put you in touch with benefit advisors with experience of working with lung cancer sufferers.

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)
   
   If you are diagnosed with lung cancer and asbestosis, you will be entitled to IIDB if you were exposed to asbestos dust whilst employed.
   
   If you have a diagnosis of lung cancer only then you need to show that you worked in the one of the following industries for periods totaling either 5 years (if it was before 1975) or 10 years (if it was after 1975):
   
   The manufacture of asbestos textiles.
   Spraying asbestos,
   Asbestos insulation work,
   Applying or removing materials containing asbestos in the course of shipbuilding
   
   It important that you obtain advice from our specialist asbestos solicitors or a benefits advisor before applying for IIDB for lung cancer to ensure your application satisfies the Government’s stringent criteria.
    
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 for your lung cancer then you can apply for a lump sum payment under the 1979 Act. How much you receive will depend on your age when you were diagnosed.
   
   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 lung cancer their dependant can apply for a payment within 12 months of the date of death.

Armed Forces Exposure

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

If you are diagnosed with asbestos related lung cancer then you might be eligible to apply for a War Pension.

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

If someone has died from asbestos related lung cancer then their widow/widower may be entitled to a war pension