Increase in compensation payments to asbestos disease victims

01 Dec 2001

Scottish Secretary Helen Liddell said that hundreds of Scottish families will benefit from increases in the levels of compensation paid to sufferers from asbestos and certain other dust related diseases which come into effect today.

Payments, which have been increased in line with inflation, are for sufferers, and certain dependants, who cannot claim civil compensation from their employers.

Commenting on the increase, Mrs Liddell said:

"No amount of money can ever begin to compensate for the misery and suffering caused by these terrible diseases. However, the amounts provided under the scheme will offer some assistance to sufferers and their dependants.

"Payments under the Pneumoconiosis etc (Workers' Compensation) Act 1979, are being increased by 3.8%. They will now range from £2,068 up to a maximum of £58,718, according to the sufferer's age and percentage of disability. The increased scales of compensation apply to those who first satisfy all the entitlement conditions in the Act from 1 December 2001.

"I am pleased that this Government will review annually the amounts of payments under the scheme to keep them in line with inflation."

NOTES TO NEWS EDITOR

  1. The diseases covered by the Pneumoconiosis etc (Workers' Compensation) Act 1979 generally take a long time to develop (in some cases 40 years or more) and by the time the disease is diagnosed the employers responsible may have gone out of business, or the lapse of time may prove a major obstacle to bringing a successful court action.
  2. The 1979 Act provides compensation for victims of asbestos and other dust-related diseases (including mesothelioma, pneumoconiosis, asbestosis, silicosis, byssinosis and diffuse pleural thickening), and to certain dependants of sufferers who have died, where they are unable to claim damages from the employers where the dust exposure which caused the disease occurred.
  3. Anyone who believes they might be eligible for payment under the scheme should contact the Department for Transport, Local Government and the Regions in London on Freephone 0800 279 2322for further details. Applicants should notwait until they have been awarded industrial injuries benefit by the Benefits Agency.
  4. Further information about the scheme, explanatory leaflets and application forms are available from the Department for Transport, Local Government and the Regions, HSSD, Zone 4/13, Great Minster House, 76 Marsham Street, London, SW1P 4DR, direct telephone 0207 944 4973 (fax 0207 944 4979).

    It should be noted that British Coal have their own arrangements for providing compensation for ex-miners who are suffering from pneumoconiosis, asbestosis, and diffuse pleural thickening. Miners with these diseases are NOT covered under the 1979 Act.

    The address to contact is:

    AON Ltd.
    Queen House, 105 Queen Street,
    SHEFFIELD, S1 1GN
    Telephone: 0114 2034359

  5. The Pneumoconiosis etc (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2001 were laid before Parliament in draft on 17 July 2001 and have received approval by both Houses. They increase payments under the Pneumoconiosis etc (Workers' Compensation) Act 1979 ("the 1979 Act") by 3.8 % for persons who first become entitled to a payment on or after 1 December 2001.
  6. The 1979 Act provides for lump-sum payments to sufferers of the diseases listed below who cannot claim compensation through the courts because former employers who may have caused or contributed to their disease are no longer in business. Dependants of sufferers who have died can also claim payments.

    The diseases covered by the 1979 Act are:

    pneumoconiosis(which includes asbestosis, silicosis - associated with slate quarrying, and kaolinosis - associated with china clay);

    diffuse mesothelioma(asbestos related cancer);

    diffuse pleural thickening(asbestos related);

    primary carcinoma of the lung(only if accompanied by asbestosis or diffuse pleural thickening).

    byssinosis(associated with exposure to cotton dust);

  7. Since the Act came into force in 1980, over 13,500 applicants have made a claim and approximately 70% of those have received a payment. The total cost to April 2001 has been £84.5 million.
  8. Award of Industrial Injuries Disablement Benefit by the Benefits Agency of the Department for Work and Pensions is a precondition for payments under the Act to all sufferers and most dependants.
  9. The 3.8 % increase in payments is in line with recent increases in the Retail Price Index and will ensure that as of 1 December 2001 the cumulative increase in the level of payments under the scheme since it began in January 1980 mirrors that of the cumulative increase in the Retail Prices Index over the same period.