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Government Compensation For Mesothelioma Victims Lump sum payment

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					Government Compensation For Mesothelioma Victims

Lump sum payment from Government is extended to all those who suffer from mesothelioma and at the same time ends insurance companies windfall.

At last more mesothelioma sufferers will receive the long awaited lump sum payment from the Government. Last November, we told you about the bill in the Queen’s Speech, which would if passed allow this to happen. This bill has now become law. Click here to see previous article. From the 1st October 2008, almost everyone who has developed mesothelioma will be able to claim a lump sum from the Government, even if they do not know where they were exposed or where they were not exposed to asbestos at work, but were exposed in some other way, for example when washing their husband’s overalls, whilst self-employed or from the environment in which they lived. There will be 2 schemes in operation. The original scheme which was created by the Pneumoconiosis, etc (Workers’ Compensation) Act 1979 will continue to make payments to those exposed at work. The new scheme will make payments to those who were not exposed whilst employed. The difference between the 2 schemes in reality will be the size of the payment the sufferer receives. Those who receive a payment under the original scheme will receive more than those who apply under the new one. The amount each sufferer receives under either scheme is dependent on their age. For example, where the sufferer is 37 years old they will receive £70,538 if they are able to apply under the original scheme and £52,772 if they apply under the new scheme.

Where the sufferer is over the age of 77, they receive £10,957 if they are able to apply under the original scheme and £8,197 if they apply under the new scheme. The payments to the dependants of someone who has died from mesothelioma are smaller than the payment the sufferer receives. For example, if the person who died was 37, then the dependant will receive £32,017 if they apply under the original scheme and £23,953 under the new scheme. Where the person who died was 67, the dependant will receive £2,485 under the original scheme and £1,859 under the new one The good news is that more people will now receive a payment. The sacrifice that had to be made is that the payments under the new scheme are smaller than the payments sufferers or their families receive under the original scheme. The Act also rightly ends the windfall that insurers have had for decades. Sufferers who previously received a payment from the Government and then went on to receive compensation from the courts had their compensation reduced by the amount that they had received from the Government, but the insurer didn’t have to pay it back. back to them. Background Mesothelioma is an asbestos-related cancer that affects the lining around the lungs (the pleura) and certain other organs such as the peritoneum. There is no cure for mesothelioma. Radical surgery is available to a limited number of eligible patients. The condition can be difficult to diagnose and patients generally survive less than 18 months from diagnosis. The only known cause of mesothelioma is asbestos. Mesothelioma often occurs 30 to 40 years after asbestos exposure, with no upper time limit. Although mesothelioma is an occupational disease, victims include teachers, nurses, doctors, shop workers and family members of people who have worked with asbestos. About John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors. This has now ended and if a sufferer recovers compensation, the insurer will have to pay the lump sum that the person received from the Government

John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness. The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life." Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of the victims of asbestos.

If you need advice about an asbestos related illness, contact us now for information about making a claim for compensation. Further information: Helen Wilson, Solicitor John Pickering and Partners LLP Old Exchange Buildings St Ann’s Passage 29/31 King Street Manchester M2 6BE Telephone: 0161 834 1251 E-mail: hw@johnpickering.co.uk Website: www.johnpickering.co.uk FREEPHONE: 0800 854201 www.mesotheliomaadvice.co.uk

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