§ Paul FarrellyTo ask the Secretary of State for Transport, Local Government and the Regions whether the medical assessment procedure set up under the compensation scheme for pneumoconiosis may be accessed by mesothelioma claimants, irrespective of whether they may be able to sue their former employer or not. [58260]
§ Dr. WhiteheadThe Department for Transport, Local Government and the Regions administers a scheme under the Pneumoconiosis etc (Workers' Compensation) Act 1979. The Act provides compensation for sufferers (or their dependants) of certain dust-related diseases who are unable to claim damages from the responsible employers as they have gone out of business.
Mesothelioma is one of the diseases covered by the Act. The three conditions of eligibility for a payment of compensation are that:
- (i) industrial injuries disablement benefit (IIDB) is, or in the case of dependants was, payable in respect of the disease;
- (ii) every relevant employer has ceased to carry on business; and
- (iii) the sufferer or dependants must not have brought any action or received an out-of-court settlement in respect of the disease.
Mesothelioma is a listed prescribed industrial disease for the purposes of IIDB. IIDB is awarded by the Department for Work and Pensions (DWP). For such an award the claimant will have been referred for medical advice. There is no separate medical assessment process set up under the 1979 Act.
A claim for IIDB can be made irrespective of whether the claimant is pursuing a civil action against their employer. However, a payment under the 1979 Act cannot be made if there is a relevant employer still trading who may have caused or contributed to the claimants's condition.