UK Asbestos Compensation Schemes Explained
UK asbestos compensation operates through multiple overlapping schemes — each addressing different gaps in the historic insurance and employer position. Asbestos diseases typically develop 20-50 years after exposure, by which time many original employers and their insurers are no longer trading or traceable. UK law has built a complex framework to ensure compensation reaches sufferers and their families: civil claims against employers and insurers where possible, the Diffuse Mesothelioma Payment Scheme (DMPS) for cases where insurers cannot be traced, the Pneumoconiosis (Workers’ Compensation) Act 1979 for cases where employers are defunct, and Industrial Injuries Disablement Benefit running alongside other claims. Understanding which scheme applies to your situation is essential.
This guide explains the UK asbestos compensation schemes, eligibility, amounts, and how they interact.
Why Multiple Schemes Exist
The Latency Problem
Asbestos diseases produce specific challenges:
- Mesothelioma latency typically 20-50 years
- Lung cancer latency typically 15-40 years
- Asbestosis latency typically 10-30 years
- Pleural thickening latency typically 15-40 years
By diagnosis, original employers and insurers may be:
- No longer trading
- Untraceable
- Beyond insurance reach
- Unable to pay (insolvent)
The Insurance Coverage Gap
Employer’s Liability insurance has been compulsory since the 1972 Act (in force 1972). For pre-1972 exposures:
- Employers may not have carried insurance
- Where they did, records often lost
- ELTO database starts from 1972
- Historic insurance reconstruction is difficult
Government Response
Government has progressively addressed coverage gaps:
- Industrial Injuries Disablement Benefit (long-standing)
- Pneumoconiosis (Workers’ Compensation) Act 1979
- Mesothelioma Act 2014 establishing DMPS
- Specific schemes for nuclear test veterans (separate)
Civil Claims — The First Route
When Civil Claims Work
Civil claims against employers/insurers succeed where:
- Employer can be identified
- Insurance can be traced
- Exposure can be documented
- Disease can be linked to exposure
The Employers’ Liability Tracing Office (ELTO)
For post-1972 exposures:
- Database of EL insurance policies
- Searches identify historic insurers
- Free to use
- Specialist solicitors access routinely
Compensation Amounts
Civil claims typically produce the highest compensation:
- Full Judicial College Guidelines damages
- Plus comprehensive special damages
- No statutory caps
- Reflects individual circumstances fully
For mesothelioma, civil settlements typically range £70,000-£200,000+ general damages plus substantial special damages.
Joint and Several Liability
For mesothelioma specifically:
- Each exposing employer is jointly liable for the full damages
- Following Fairchild v Glenhaven (2002)
- Surviving employers can be pursued for the full amount
- Apportionment between defendants follows separately
See our mesothelioma claims guide.
The Diffuse Mesothelioma Payment Scheme (DMPS)
Purpose of DMPS
Established under the Mesothelioma Act 2014 for cases where:
- Diagnosed with mesothelioma
- Exposed to asbestos through work
- Unable to trace the responsible employer or its insurer
Eligibility
To qualify:
- Diffuse mesothelioma diagnosis (confirmed by specialist)
- Diagnosis on or after 25 July 2012
- Asbestos exposure was the result of work
- Unable to bring a civil claim against employer/insurer
- Application made within prescribed time
Time Limits
- Apply within 3 years of diagnosis
- For deaths, within 3 years of death
- Can be extended in exceptional circumstances
Payment Amounts
DMPS payments are calculated based on:
- Age at diagnosis
- Younger ages receive higher payments
- Currently set at 100 per cent of average civil settlement
- Specific tariff applied
Typical payments range £50,000-£200,000+ depending on age.
Process
- Application through specialist solicitor typically
- Evidence of diagnosis and exposure
- Assessment by DMPS administrator
- Decision typically within months
- Reviewable on appeal
Relationship with Other Claims
DMPS interacts with other compensation:
- Cannot claim DMPS if successfully bringing civil claim
- Industrial Injuries Disablement Benefit deducted
- Other government payments deducted
- Coordinated with specialist legal advice
Pneumoconiosis (Workers’ Compensation) Act 1979
Purpose
For workers whose employers cannot be sued:
- Employer no longer trading
- Insurance unobtainable
- Cannot establish civil claim
Conditions Covered
- Asbestosis
- Diffuse mesothelioma (now mainly DMPS)
- Pleural thickening (bilateral, due to asbestos)
- Primary lung cancer with asbestosis
- Coal Workers’ Pneumoconiosis
- Silicosis
- Byssinosis
Eligibility
- Diagnosed prescribed condition
- Working with relevant substance
- Unable to bring action against employer
- In receipt of Industrial Injuries Disablement Benefit (typically)
Payment Calculation
Based on:
- Age
- Degree of disablement
- Whether sufferer or dependant
- Specific tariff scales
Typical payments range £15,000-£75,000 depending on age and severity.
Time Limits
- Apply within 12 months of IIDB award
- For deaths, within 12 months of death
- Late applications may be considered in exceptional circumstances
Industrial Injuries Disablement Benefit (IIDB)
Purpose
Weekly benefit for those disabled by prescribed industrial diseases:
- No proof of employer fault required
- Diagnosis sufficient for prescribed conditions
- Weekly benefit based on degree of disability
- Tax-free
Prescribed Asbestos Conditions
- PD D1 — Asbestosis
- PD D3 — Mesothelioma
- PD D8 — Primary lung cancer with asbestosis
- PD D8A — Primary lung cancer with asbestos exposure
- PD D9 — Bilateral pleural thickening
Application Process
- DWP application
- Medical examination
- Decision on prescribed disease and disablement percentage
- Weekly payment commences
Interaction with Civil Claims
IIDB does not preclude civil claims:
- Both can run together
- CRU may recover benefits from civil settlement
- For mesothelioma, full IIDB usually awarded automatically
The Mesothelioma Specific Process
Fast-Track Court Procedure
Mesothelioma cases benefit from specific procedures:
- Show cause hearings within 4 weeks
- Liability determined quickly
- Interim payments rapidly available
- Settlement typically within 12-18 months
Show Cause Hearings
Defendants must explain at early hearings why they should not be required to make interim payment. The procedure recognises the urgency of mesothelioma cases given short life expectancy.
Trigger Litigation Resolution
The Supreme Court in Employers’ Liability Insurance “Trigger” Litigation (2012) confirmed:
- EL policies in force during exposure period respond
- Not policies in force when symptoms appeared
- Substantial impact on historic claim viability
For Dependants and Families
Fatal Accidents Act 1976 Claims
Where the sufferer has died:
- Bereavement award (currently £15,120)
- Funeral costs
- Dependency calculations
- Pension dependency
See our fatal accident compensation guide.
Estate Claims
Under the Law Reform (Miscellaneous Provisions) Act 1934:
- Estate continues sufferer’s claim
- Includes pain and suffering before death
- Includes losses to date of death
- Pursued by executors
Dependant DMPS Applications
Where the sufferer died before claiming:
- Dependants can apply to DMPS
- Within 3 years of death typically
- Same eligibility criteria
Coordinated Claims
Optimal Strategy
Specialist solicitors typically pursue:
- Civil claim where possible (highest compensation)
- IIDB simultaneously
- Pneumoconiosis Act payments where applicable
- DMPS only where civil unavailable
Avoiding Double Recovery
Compensation interactions managed:
- CRU recovery from civil settlement for benefits paid
- Pneumoconiosis Act payments deducted from later civil recovery
- DMPS payments deducted from later civil recovery
- IIDB continues regardless
Other Specific Schemes
Industrial Diseases Compensation Scheme (Historic Schemes)
For specific industries and conditions:
- British Coal Respiratory Disease scheme (mostly resolved)
- British Coal VWF scheme (mostly resolved)
- Specific occupational pension schemes
Trust Schemes
Some employer-specific trust funds operate:
- T&N Trust
- Turner & Newall (T&N) Asbestos Trust
- Various US-influenced trusts
Specialist solicitors identify relevant trust scheme eligibility.
Common Questions About UK Asbestos Compensation Schemes
I have mesothelioma. Which scheme should I use?
Civil claim first where possible — produces highest compensation. If your former employer or its insurer can be identified through ELTO, civil proceedings are pursued. Where civil claim is impossible (untraceable employer/insurer), the Diffuse Mesothelioma Payment Scheme (DMPS) provides substantial alternative compensation. Industrial Injuries Disablement Benefit runs alongside either route. Specialist mesothelioma solicitors handle the coordination as standard practice. See our mesothelioma claims guide.
My husband died of mesothelioma before claiming. Can I still get compensation?
Yes, typically through multiple routes. Civil claim can be brought by the estate against any identifiable employer/insurer. DMPS application can be made by dependants within 3 years of death. Fatal Accidents Act dependency claims compensate the family’s loss. IIDB transfers to dependants in some circumstances. Substantial combined compensation is usually recoverable. Time limits are important — early specialist legal advice is critical.
I worked with asbestos but cannot remember exact employer details. Can I still claim?
Often yes. Specialist solicitors use extensive resources to trace historic employment and exposure:
- HMRC employment history records
- National Insurance contributions records
- Pension scheme records
- Former colleague statements
- Employer records via ELTO
- Companies House records
Specialist asbestos solicitors regularly succeed with limited initial information.
How much does DMPS pay compared to a civil claim?
DMPS now pays approximately 100 per cent of average civil settlement (increased from 75 per cent in 2014, then 80 per cent, with subsequent uplift). However, individual circumstances may be better reflected by civil claims where the claimant has substantial special damages (high earnings, complex care needs). Specialist analysis determines optimal route. Civil claim is typically preferred where viable.
Do I need a solicitor for DMPS or Pneumoconiosis Act applications?
Strongly recommended. While technically you can apply directly, specialist solicitors:
- Coordinate all available compensation routes
- Maximise total recovery
- Handle complex evidence requirements
- Address objections and appeals
- Manage CRU and recovery issues
Solicitor costs are typically modest given the substantial value at stake, and no win no fee arrangements typically apply.
How long do UK asbestos claims take?
Mesothelioma cases typically resolve within 12-18 months due to fast-track procedures. Asbestosis and pleural thickening cases typically 18 months to 3 years. DMPS applications typically resolve within 3-6 months. Pneumoconiosis Act applications similar timeline. IIDB awards typically within months. See our how long does a claim take guide.
Related Guides
Industrial Disease Claims | UK Compensation
Mesothelioma Compensation Claims UK
Asbestos-Related Lung Cancer Claims
Pleural Thickening Compensation Claims
Asbestosis Compensation Claims
Fatal Accident & Wrongful Death Claims
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