LRD guides and handbook September 2014

Health and safety law 2014

Chapter 6

Compensation and better treatment for asbestos-related diseases

[ch 6: page 102]

Compensation Act 2006

The Compensation Act 2006 was enacted as a result of union campaigning. It states that where workers have been exposed to asbestos by more than one employer and have developed asbestos-related illnesses, they can claim compensation from all the employers concerned. They do not have to prove which exposure was to blame. In legal terms, each employer is jointly and severally liable.

In addition, the Child Maintenance and Other Payments Act 2008 included a new Diffuse Mesothelioma Scheme, under which the Department for Work and Pensions (DWP) will pay a lump sum to anyone in the UK diagnosed with mesothelioma (or the dependent of a deceased person who died of an asbestos-related disease), even when they were not directly exposed to asbestos in the workplace. The scheme covers people not previously eligible for help, including the self-employed, those exposed to asbestos in the environment and family members exposed via workers’ clothing.