Compensation and benefits

Mesothelioma is recognised by the Department of Work and Pensions (DWP) as an industrial disease. If you came into contact with asbestos in paid employment after July 1948, you are entitled to a state pension.
To claim IIDB You should contact your local Jobcentre Plus, or ring the DWP enquiry line (0800 88 22 00) and ask to be sent form B1 100PN.
You may need some help with completing the form. You may also want to ask a relative, a social worker, a trade union representative or your doctor for help and advice. You will be asked for a detailed employment history, and to say when you were exposed to asbestos.
The form mentions 'prescribed diseases'. These are diseases the DWP counts as industrial diseases. Mesothelioma is 'Prescribed disease D3', or PD D3.
Your claim should go through quickly. The first requirement is for the DWP to confirm your diagnosis.
To help speed up the process, you can either:

• Get a written report from your specialist confirming your diagnosis.
• Get a form B1 100PN(A) signed by your specialist respiratory or BLF nurse.

Providing you qualify for the benefit, you should get 100% Disability Benefit. In 2006, this is approximately 120 per week.
War Pensions Scheme
If you have mesothelioma because you came into contact with asbestos when you were in the armed forces, you should make a claim with the War Pensions Agency (your local office will be in the phone book). Or you can call the Veterans Agency Helpline (0800 169 22 77).
Please note: you can receive either Industrial Injuries Disablement Benefit or a War pension, but not both.
Other Benefits
If you get IIDB you should ask for the Benefits Agency leaflet SD1 "Sick or Disabled". This will give you full details of the following benefits that you may be eligible for and should claim for:

• Statutory Sick Pay or Incapacity Benefit
• Constant Attendance Allowance
• Severe Disablement Allowance
• Disability Living Allowance (mobility)
• Income Support
• Housing Benefit/Council Tax

Your carer/partner, and/or children may also be able to claim for certain benefits to reflect the help they are giving you.
Suing for damages
You may claim damages from an employer by suing them for negligence. You will need to show that:

• Your mesothelioma was most probably caused by exposure to asbestos at work
• Your employer at the time did not maintain the standards required by law (i.e. they were negligent).

This is a specialised area of the law and you should seek the advice of a specialist solicitor.
If you are a union member, they may be able to recommend an experienced solicitor. Otherwise, the Law Society has a list of specialist solicitors. You can call them on 0870 606 6575.
The cost of making a claim may be covered by your trade union or your professional body. If not, your solicitor may be prepared to take your case on a 'no win, no fee' basis (then you may have to pay a one-off insurance premium). Your solicitor might also be able to claim your costs from your employer. Your claim can still be made even if your employer is no longer in business. Your solicitor will make the claim against your employer's insurers. If you are awarded damages, the final amount is based on a combination of:

• compensation for pain and suffering (and interest on that)
• loss of earnings (and interest on that)
• care costs other expenses (like modifying your home)
• compensation for bereavement

The Pneumoconiosis etc. Worker's Compensation Act (1979) If your solicitor can't find your employer or their insurers, you may be able to get a lump sum under an Act of Parliament called 'the Pneumoconiosis etc. Worker's Compensation Act (1979)'. Your solicitor or local Jobcentre Plus can help you with this.