As a firm of Lawyers who act on behalf of Asbestos victims, we welcome the latest news from the Government.
Mesothelioma victims who cannot trace their employer’s insurer will now receive 100% of the average court settlement in the scheme of ‘last resort’ that was introduced with the Mesothelioma Act 2014.
People suffering from the disease can apply from this week to receive 100% of the average compensation award for civil claims made through the Diffuse Mesothelioma Payment Scheme whereas previously a successful applicant would have received only 80% of an average payment.
The relatively recently introduced scheme is designed to allow around 3,500 mesothelioma cancer victims or their families apply for compensation even when their original employer cannot be traced. It does not apply to any other form of cancer or industrial disease caused because of exposure to asbestos.
Along with the increase in the value of a successful application the Government has introduced a new hurdle that requires victims have to show that legally they would have had a good case if the employer or its insurer could have been traced. In order to fulfill this requirement an applicant would benefit from receiving expert legal advice and the scheme provides a built in contribution of £7,000 in respect of paying for such legal advice.
Whilst we welcome the increased limit for payments we are disappointed that the increase in the award is not capable of being backdated or applied retrospectively to previous successful applicants.
James Davies has successful helped families make compensation applications under the Diffuse Mesothelioma Payment Scheme. If you, or a member of your family would like to talk to us concerning a possible claim for compensation under the Mesothelioma Act 2014 scheme then please telephone us on 01473 298125 or email [email protected]