Claiming For Industrial Diseases
The Workers Compensation Act 1979 specifically deals with the industrial diseases. The Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 allows you to be compensation by the government, if you have developed an industrial disease in the workplace.
To assess your claim, contact us on 0800 808 9740 or online.
About the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979
You have to be on Injuries Disablement Benefit (IIDB) to make a claim under this scheme. If you want to make a claim under this act, you must make your claim within twelve months of being on Injuries Disablement Benefit. Applications made after this 12 months’ time limit will only be considered in exceptional circumstances.
The industrial diseases that the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 apply to include:
- Diffuse mesothelioma.
- Bilateral diffuse pleural thickening.
- Primary carcinoma of the lung when accompanied by asbestosis or bilateral diffuse pleural thickening.
Conditions For Claiming Under The Pneumoconiosis Etc. (Workers’ Compensation) Act 1979
This list of illnesses are set out by the government in the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979. If you would like to find out more about the specific diseases that you can claim for under this act, visit the government website.
However, there are also certain other conditions pertaining to your illness that you have to meet in order to be able to claim. You must meet the following criteria:
- Your dust-related disease must have been caused by the conditions of your employment.
- You can’t or haven’t taken civil action against your employer because they have stopped trading.
- You have not brought a court action or received compensation from an employer in respect of the disease.
- The work which caused your lung disease occurred more than 20 years ago.
You may also be able to make a claim if you’re the dependant of someone who suffered from a dust-related disease who has subsequently died. You must claim within twelve months of their death if this is the case.
To make a claim under this act, you normally have to apply through your local Jobcentre Plus. Our team at First Personal Injury can help to determine whether you are eligible to make a claim under this act.
The level of payment that you will earn under this scheme is determined by your age and the percentage of disability benefit you receive through your IIBD. However, people who are suffering from mesothelioma or lung cancer are paid 100% of the possible compensation awarded.
Making Personal Injury Claims
If you have suffered a personal injury, you may be entitled to receive compensation. First Personal Injury solicitors are available to assist you and ensure that you win the compensation that you deserve.
First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the process, either by phone on 0800 808 9740 or through our online form.