Asbestos Claims Specialist Solicitors Welcome Increase to Mesothelioma Compensation Scheme Awards

At Hodge Jones & Allen Solicitors, our specialist asbestos claims lawyers have, over decades, successfully pursued civil claims for malignant mesothelioma sufferers, who have been exposed to asbestos dust, both directly and indirectly, in their own employment. A successful claim can mean the Claimant or, if they have passed away, their family, recovering substantial financial settlements and in appropriate cases, private treatment paid for by the wrongdoer or more usually, by their historical employers’ liability insurers.

Tracing Employers’ Liability Insurance Policies Covering Employer Liability

Due to the long latency period between exposure to the deadly fibres and the onset of mesothelioma, it is common for the original employer to have ceased trading. Where an employer has ceased trading, it is essential that the employers’ liability (EL) insurer on cover at the time the exposure to asbestos dust at work took place is found. EL insurance only became compulsory following the passing of legislation in 1969. Historic EL insurance policy cover can be difficult to trace due to incomplete records having been kept, particularly when the EL insurers themselves have ceased trading. Without a viable Defendant or EL insurer to pursue, it used to be the case that many mesothelioma sufferers lost out on compensation.

Diffuse Mesothelioma Payment Scheme (DMPS)

After many years of campaigning, the government finally passed legislation in 2014, leading to the establishment of the Diffuse Mesothelioma Payments Scheme (DMPS), to compensate mesothelioma victims who were negligently exposed to asbestos dust in their employment, but who could not pursue their employer because they had gone out of business and their EL insurers could not be traced. Initially, the scheme only paid 80% of an “average award” of compensation to successful applicants. In 2015, payments were increased to 100% of an “average award”. In addition, a fixed sum of £7,000 to cover legal costs was applied.

While welcome, the DMPS scheme has many shortcomings, in our view. Compensation levels have remained low, as in the past 10 subsequent years, successive governments failed to ensure that payments to victims kept pace with increased in awards made by the courts, or in line with inflation. The one-off, fixed sum tariff awards are solely based on the applicant’s age.

The scheme awards also take no account of private medical treatment, creating inequity between those able to recover those costs through a successful civil compensation claim and those forced to apply to the DMPS.

A further inequity results from the DMPS deducting a sum equivalent to all benefits paid to the mesothelioma victim, before payment is made to them, whereas in a successful civil claim, not all benefits are deductible.

In addition, the class of people eligible to apply is very narrow, meaning that those who have developed mesothelioma through a loved one’s work, i.e. having washed contaminated work clothes, cannot apply to the scheme. We believe this is patently unfair and have launched a petition regarding this very issue. Please follow this link to read more and please sign and support our campaign.

Legal costs allowed and paid to the victim remain unrealistically low at £7,000, particularly where increasingly, the scheme administrators challenge the application. There is no provision for payment of the applicant’s legal costs if they have to appeal against a refusal of their application, meaning many victims lose out or have to pay those costs out of compensation when they ultimately succeed.

DWP to Uplift Compensation Tariffs Under Scheme by 49%

A review of the scheme followed by further campaigning by the Association of Personal Injury Lawyers (APIL) and other interested groups, has finally led the Department for Work and Pensions (DWP) to pass legislation yesterday, which will see compensation awards increase by 49% for those diagnosed with mesothelioma after 4th November 2025. In addition, provision for legal costs will increase to £13,700.

Whilst these increases are welcome, the historic failure to update awards and costs and the fact that the increases are not retrospective, will have led to many victims being short-changed. Furthermore, the seemingly random date for the increases to take effect means that a day could make a world of difference, almost 50%, in the value of the award received.

At Hodge Jones & Allen Solicitors, we believe that the DMPS needs a comprehensive overhaul to ensure that mesothelioma victims who have developed this terrible illness through their own or someone else’s employer’s negligence, receive proper compensation, individually assessed, as they would if they were able to win a civil compensation claim.

Have you been diagnosed with Mesothelioma?

Our asbestos and mesothelioma claim solicitors have been working for decades with clients seeking compensation for asbestos exposure leading to mesothelioma and other asbestos-related conditions. Using our specialist skills and legal knowledge our solicitors have helped hundreds of asbestos victims affected obtain compensation, benefits, and, where appropriate, private medical treatment.

For a free personal consultation and advice, please contact the team on 0330 822 3451 and talk to our Asbestos & Mesothelioma Compensation experts today. You can also request a callback online.