Dave Berry | Partner

Indirect Asbestos Victims: The New Pursuer?

A recent report confirmed that more than £84 million has been awarded under the Diffuse Mesothelioma Payment Scheme (DMPS) set up by the government. The scheme has been set up for individuals who were negligently exposed to asbestos at work but cannot trace their employer or employer’s insurer to seek compensation.

The scheme is of particular importance given that it can take twenty to forty years after being exposed to asbestos in the course of your employment for symptoms that appear and a diagnosis to be met. Given the amount of time that has passed since the exposure, it is likely that the company may no longer be trading or insurers may not be able to be found. In situations like this the scheme will step in to give individuals an avenue to go down.

One of the limitations to the scheme is that, in order to be eligible, you must have been exposed to asbestos in the course of your employment. This means if an individual has been exposed to asbestos while washing a family member’s clothing and has been diagnoses with mesothelioma as a result, there is no recourse available if the employers or insurers cannot be found.

A number of individuals who have been diagnosed with mesothelioma as a result of coming into contact with it through family members have now started a campaign calling for compensation. It has been suggested that the Diffuse Mesothelioma Payment Scheme should be extended to cover these victims and not just those exposed in the course of their employment. At the moment these individuals can only seek to rely on benefits as there are no other schemes open to them.

If an insurer or employer can still be identified it is possible for the individual to make a claim for compensation. At Jackson Boyd we have experience in dealing with asbestos disease and mesothelioma and are aware that these diseases are not just contracted in the course of your employment. If you have been diagnosed with an asbestos related illness and have been exposed to asbestos in the course of your employment then please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Dave Berry

Dave Berry

Personal Injury Team

“It may be something of a cliché but I enjoy helping my clients and guiding them through what can often be the daunting prospect of being involved in a personal injury court action, whilst also ensuring I obtain the best possible result for them.”

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