AVSGF-UK: Workers’ Compensation Act 1979

Workers’ Compensation Act 1979

The Pneumoconiosis etc (Workers’ Compensation Act) 1979 (WCA) is designed to provide compensation for those sufferers of asbestos diseases who are unable to claim compensation from employers who negligently exposed them to asbestos dust. These compensation payments are dealt with by the Jobcentre Plus
Phoenix House 4th Floor
Stephen Street
Barrow-in-Furness
Cumbria, LA14 1BY
The DWP telephone helpline is free phone 0800 279 2322.

Who can claim compensation under the WCA?
You can claim compensation under the Workers’ Compensation Act if you fulfill two conditions: ? You have been awarded Industrial Injuries Disablement Benefit for an asbestos disease or if you have an asbestos-related prescribed disease for which you have not met the 14% disability requirement, but you have been assessed as at least at 1% disabled and ? The employers who caused your disease have ceased to carry on business or, if they are still trading, you do not have a realistic chance of obtaining damages from them.

When should I apply?
If you are still in the process of applying for IIDB don’t wait until you have been assessed by the Jobcentre Plus to apply for payment under the Workers’ Compensation Act (WCA). Put your claim in for compensation at the same time as you apply for IIDB. As soon as you hear from the Jobcentre Plus let the DWP know their decision.

What information do I have to give?
Even though you have provided information to the Jobcentre Plus about your previous employment you still have to give details of all your previous employers to the DWP. They will check to see if there is any likelihood of you making a successful claim against any of them for compensation.

What if I have a solicitor acting for me?
You may claim even if you have a solicitor acting for you. But it is important to tell your solicitor that you intend to apply for this payment. You do however have to state on the form whether your solicitor has actually started court action. If court action has commenced then payment from the DWP cannot be made. Your solicitor may, however, just be making preliminary enquiries and court action may not have started, so it is worth applying. Even if court action has started but you then withdraw before the facts are heard you can still be paid compensation.

How much will I be paid?
You will be paid a one-off lump sum payment. Your payment will depend on your age and the level of disability awarded by the Jobcentre Plus. These are worked out on a sliding scale: the younger you are and the greater your level of disability, the higher your compensation payment.

Can I make a claim for someone after they have died?
Yes if you are a dependant
If you are a dependant of someone who has died you can apply for payment from the DWP, but only one category of dependant is paid.
Dependants are considered in the following order:

surviving husband or wife of the sufferer; or if there is no spouse,
the sufferer’s children who are under 16 years old or under 21 but not in full time paid employment; or
permanently incapable of supporting themselves at the time the sufferer died: or if there are no children;
the sufferer’s partner who lived with the sufferer, although not married; or if there is no partner;
any other relative who was dependent on the sufferer at the time of his or her death.

Which forms should be completed?
If you are suffering from one of the prescribed diseases you should apply on form PWC1
If you are the wife or husband of a sufferer who has died you should apply on form PWC2
If you are another dependant of a sufferer who has died you should apply on form PWC3

NOTE
If you are successful in winning compensation from a negligent employer or their insurer through court action, the small payment made under the Workers Compensation Act will be deducted from the more substantial payment from an employer or their insurer.

WORKERS COMPENSATION ACT PAYMENTS (on next page in print preview)

workers'compensation act payments

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