Being diagnosed with an asbestos-related disease can have a significant financial impact, making compensation an essential source of support. At Asbestos Justice, we help individuals explore all available options to secure the best possible outcome.
There are two primary routes to asbestos-related compensation:
- Government Benefit Schemes
- Litigation Against Employers or Insurers
A common misconception is that claimants must choose between these options. However, government benefits and legal claims are not mutually exclusive—you may be eligible to apply for government support in conjunction with pursuing a legal claim for greater compensation. Understanding the differences between the two can help you maximise your entitlements. At Asbestos Justice, we are committed to exploring every possible route to secure the maximum financial support for our clients.
1. Government Benefit Schemes for Asbestos-Related Diseases
Government schemes provide financial assistance to individuals diagnosed with asbestos-related conditions. These include:
- Industrial Injuries Disablement Benefit (IIDB) – A weekly payment for those exposed to asbestos at work.
- Pneumoconiosis etc. (Workers’ Compensation) Act 1979 – A one-off lump sum payment for those who cannot pursue a legal claim.
- Diffuse Mesothelioma Payment Scheme (DMPS) – A lump sum payment for mesothelioma patients who cannot trace a former employer or insurer.
- Attendance Allowance – A weekly payment to assit our clients with their care needs.
Advantages:
✅ Relatively quick access to financial support
✅ No need to prove employer negligence
✅ Can be claimed alongside a legal case
Disadvantages:
❌ Compensation is typically lower than litigation payouts
❌ No additional damages for pain, suffering, or lost income
❌ Eligibility criteria may exclude some individuals
2. Litigation: Claiming Compensation Through the Legal System
Where we are able to trace a negligent employer, or their insurer at the time of the asbestos exposure, pursuing legal action can result in significantly higher asbestos compensation. Legal claims focus on proving an employer’s negligence in failing to protect workers from asbestos exposure.
Advantages:
✅ Typically results in much higher compensation than government schemes
✅ Covers pain, suffering, lost earnings, and future care costs
✅ Can be pursued in addition to government benefits
Disadvantages:
❌ Takes longer to process than government claims
❌ Requires proving employer negligence, though legal experts can assist
❌ Some cases may require court proceedings, although this is very rare
Monetary Differences: Maximising Your Compensation
Government schemes provide a fixed amount of financial support, which is helpful but limited. These payments are often significantly lower than what can be secured through a legal claim.
A successful litigation case can result in a much larger payout, often several times higher than what is available through government benefits. This is because legal claims account for additional damages, such as pain and suffering, loss of earnings, and long-term care expenses, which government schemes do not cover.
Very unfortunately, asbestos-related conditions can progress over time, potentially leading to the need for ongoing treatment, medication, or specialist care. A successful claim could help ensure that you have adequate financial support for any future medical expenses, including private treatment, rehabilitation, or home adaptations, should they become necessary.
You Don’t Have to Choose—Claim Both
One of the most important things to understand is that government benefits and legal claims can be pursued together. Many individuals initially claim benefits for immediate financial relief while simultaneously pursuing a litigation claim for a larger settlement. In some cases, if a successful litigation claim is made, certain government benefits may need to be repaid from the settlement. However, this should not deter you from seeking both, as the overall compensation secured through legal action is typically much greater.
Which Option Is Right for You?
If you are eligible for government benefits, claiming them can provide quick financial relief. However, if you have a valid case against an employer or insurer, litigation offers the potential for significantly higher compensation. By exploring both routes, you can ensure you receive the full financial support you deserve.
Speak to Our Asbestos Claims Specialists
At Asbestos Justice, we specialise in helping individuals and families affected by asbestos-related diseases secure the compensation they need. All of our matters are run on a no-win no fee basis.
Contact us today for free expert advice and support by calling 0800 038 6767 or completing our contact form.