Asbestosis Compensation
Asbestosis compensation claims are happening more and more often as the asbestos used in the past catches up with the health of affected employees. If you were exposed to asbestos in the line of your work then it is very likely that you could be entitled to claim against your former employers for the illness you are suffering from as a result.
You may claim compensation in two ways. It is possible to obtain benefits from the government or alternatively you can sue your employer for the time you were exposed to the risks. Advice is available from healthcare team, a local Benefits Adviser, Citizens Advice Bureau or an Asbestos Diseases Support Group; any of these groups of people will be able to advise you on how best to go about making your compensation claim.
Asbestosis Compensation Claims - Government Funded Benefits
The main benefit which you may be entitled to claim for is the Industrial Industries Disablement Benefit. The benefit, if you are awarded it, is paid weekly but depends on you being able to prove that you were exposed to asbestos and that you have been diagnosed as suffering from asbestosis.
This benefit is not available to those individuals who were self-emplyed when they were exposed to asbestos.
The appropriate benefit application forms are available from the Department for Work and Pensions Benefit Enquiry Line on 0800 882 200. Any benefit you are awarded will be paid from the date tyou first made contact. To prevent any confusion, you should always ensure that you keep copies of any correspondence you have sent and received from your Social Security Agency or the Department for Work and Pensions. Keep note of contacts you dealt with by phone and the times, details and the dates of any conversations. Also keep your National Insurance number at hand in case you are asked for it.
The War Pensions Agency deals with those who got asbestosis as a result of working in the armed forces. More information is available from the Service Personnel and Veterans Agency Helpline (0800 169 22 77).
Asbestosis Compensation Claims - Employers Compensation
If you have contracted asbestosis as a result of working in an environment where asbestos was used then you should contact a solicitor for legal advice as it is possible you could initiate a civil law personal injury claim for compensation from your employer.
When you are choosing a solicitor you should use one who hold membership of the Association of Personal Injury Lawyers (APIL). Ask if they have previously dealt with asbestos-related injury claims and enquire how many went to court and their 3 year success rate. Find out who will pay for your insurance policy, if you will beheld responsible for any fees plus any additional expenses requiring payment, such as court costs and court fees. Ask your prospective solicitor if they work on a no win/no fee basis and find out how frequently you will access progress reports on your case. Be sure to enquire at to how long your case may last and how soon any court action will begin.
In order for your case to be successful you need to be able to prove that your asbestosis happened because of your occupation and your employer's negligence. You will be advised by your legal team as to how best to go about this.
If the event that your employer no longer exists it is possible you can claim against their insurers; you may also try to sue your former employer for breaking health and safety regulations.
You can only claim within three years of first discovering you had an injury as a result of contact with asbestos. However, sometimes this isn't possible as the person or company who you worked for no longer exists and their insurer no longer provides cover. In some instances you may not have a case that is considered strong enough for a successful claim and your solicitor will inform you if this is the case.
This does not mean you can't still get compenstaion. You may still be able to claim compensation under the Pneumoconiosis Worker's Compensation Act of 1979 which provides a lump sum alongside the Industrial Industries Disablement Benefit paid by the government.
Support for Claimants with Asbestosis
Asbestos support organizations, of which there are many, can help you fight for compensation as can the Occupational and Environmental Disease Association (OEDA), ph 020 83608490 and the Association of Personal Injury Lawyers (APIL)
Costs Involved in Asbestosis Compensation Claims
Most solicitors will offer free initial interviews if you need to make a personal injury claim for asbestosis. During this appointment you will find out if you have a case plus funding options that may be available to you. Some solicitors also work on a no win/no fee basis. You will probably have to pay a one-off insurance charge to protect you by covering the other side's costs if you lose or the case is dropped. which will be repaid to you if your claim is successful.
If you hold trade union membership or legal expenses insurance cover, then you may not have to pay any costs at all.
Where someone has died from an asbestos-related injury such as asbestosis or mesothelioma, relatives of the injured party can claim against the person's employer. In this event you can claim for the person's pain, suffering and financial loss which was a result of their injury.
The Law Society will help you locate a reputable, experienced solicitor to help you start proceedings. Alternatively, if you hold membership of a trade union, they too can aid you.
Asbestosis Compensation Claims - Other Financial Help and Benefits
If you are suffering from asbestosis and are unable to work you are entitled to claim Statutory Sick Pay (SSP) for up to 28 weeks from your employer.
If after 28 weeks you are still not fit to work you may be entitled to Incapacity Benefit. Your local benefits adviser will be able to talk you through the various levels of Incapacity Benefit available and help you fill out the appropriate forms.
For people who are self-employed, so long as you have paid your proper National Insurance contributions, then you are entitled to the same benefits as anyone who has worked for an employer.
If you are unemployed and unable to work you will be unable to claim Job Seeker's Allowance but you may still be entitled to a lower rate of Incapacity Benefit.
Those who don't qualify for Incapacity Benefit may still be able to claim Income Support so speak to your local benefits adviser to find out which benefits you can get.
Ask your gp for a a medical certificate if you are unable to work. This will cover the period that you are ill. If you are admitted to hospital remember to ask for a certificate to cover the time you were there.
You will possibly have to take a medical test to show you are unfit for work to claim benefits.
If you are under 65 you may be able to claim Disability Living Allowance or Attendance Allowance if you are over 65. Your local Social Security Office can provide you with the necessary forms.
For people suffering from asbestos-related conditions such as asbestosis, a fast-track system is available. To qualify, your doctor or specialist nurse will have to complete a form. Your local Benefits Adviser can tell you what you can claim for and supply the appropriate forms or tell you where to get them.
You may also be entitled to tax credits such as Child Tax Credit and Working Tax Credit. Your social worker, Citizens Advice Bureau (CAB), the Department for Work and Pensions or the Tax Credits Helpline (0845 300 3900) can all provide you with further information.
Asbestosis Compensation Claims - Information on Benefits and Financial Help
Two booklets are available from the Benefits Agency (IB1 and SD1) which outline the benefits you may be able to claim if you are suffering from asbestosis. Copies are available from your local Social Security Office and the Citizens Advice Bureau (CAB). Information is available from the Benefit Enquiry Line on 0800 882 200 or the Department for Work and Pensions website at www.dwp.gov.uk
Your social worker will let you know about any benefits and grants you may be entitled to. Grants are available for people suffering from cancer from Macmillan Cancer Support; they also have a financial advice helpline which is available on their website. Help With The Cost of Cancer is a booklet published by Macmillan Cancer Support it contains lots of useful information for those suffering from cancer.
A Guide to Grants for Individuals in Need, also published by Macmillan Cancer Support, lists trusts and organizations that offer financial support.
Asbestosis Compensation Claims - Direct Payments
Your local authority may agree to pay you directly any benefits you are entitled to for social services. This enables you to choose andpay for particular services you require yourself instead of local social services doing it for you. The Department of Health or your social security office can give you more information about this.
Asbestosis Compensation Claims and Work Issues
Talk to your employer if you need time off work because of asbestosis. In some cases it may be possible to return to return to part-time work or to jobshare.
Early retirement may be another option for you if you don't feel able to return to your job.
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