People can claim compensation if they suffer an industrial disease/accident because of their employment. For example:-
- Asbestos related disease;
- Occupational asthma; and
- Industrial deafness
The claimant can claim compensation from his or her employer. The employer will have insurance and normally if the claimant and the insurers can’t agree a settlement the claimant can take his or her claim to court and ask the court to decide on compensation.
What do you do if both your employer and their insurers have gone bust?
You can’t take your claim to court but you can still claim compensation in a number of ways.
Financial Services Compensation Scheme (FSCS)
This is a scheme funded by the government which steps in when an employer and their insurer have gone bust. In this scenario you can apply to the FSCS, and they will step in and deal with the claim instead of the insurer.
Is there a time limit for claiming to FSCS?
Yes. Normally it’s 6 years from the date from which you claim to your employer.
What if the claimant dies before a claim is made to FSCS?
In this scenario, the executor of the claimant can apply. An executor will either be nominated in the claimant’s Will or if there is no Will an application can be made to court to have an executor appointed.
Industrial Injuries Disablement Benefit (IIDB)
This is a benefit paid to people who suffer injury at work either through an industrial disease or an industrial accident.
Is there a time limit for claiming IIDB?
No. You can apply even if the industrial disease or accident occurred many years ago. It’s best though to apply as soon as you can because IIDB can only be backdated for a certain period of time. Depending on circumstances if the industrial disease or injury persists then IIDB can be paid for life. How much you get depends on how seriously disabled you are, and the rates go from £44.30 to £231.50 weekly.
Pneumoconiosis Etc (Workers Compensation) Act 1979 (PWCA)
PWCA set up a scheme for payment of lump sum awards of compensation to employees who have suffered certain types of industrial disease. PWCA mainly deals with respiratory disease. To qualify for payment under the scheme the claimant must first apply for and be awarded IIDB.
Is there a time limit?
Yes. You must apply within 12 months of being awarded IIDB.
Can you apply to PWCA if the claimant is deceased?
Yes. Again the 1 year time limit for claiming still applies.
To discuss your case with a member of our dedicated team, call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
To discuss your case with a member of our dedicated team, call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
