Circumstances of claim
We were approached by Agnes whose husband had died of mesothelioma
After making extensive enquiries it wasn’t possible to trace an employer or employer’s liability insurer to claim against. Consequently, a claim was made under The Pneumoconiosis Etc (Workers Compensation) Act 1979 for a compensation payment under the scheme set up by the Act. The scheme allows compensation where a claim can’t be made against an employer.
The application was rejected because of a dispute over the date of onset of the mesothelioma. We instructed an opinion from an independent respiratory expert and then submitted an appeal to the Medical Appeal Tribunal. The appeal was successful and Agnes was awarded compensation, the updated value of which is approximately £31,000.
