Welfare benefits

The following is an outline of the rules relating to just some of the welfare benefits which could be relevant following an injury or diagnosis of a disease. It’s important to get advice from the Benefits Agency about your particular entitlements.
There can be time limits for claims. So if you think you may be entitled or are unsure get advice about it quickly. Getting a payment could affect entitlement to means tested benefits.

Industrial injuries disablement benefit

This can be paid if you have suffered a work related injury or illness. If it’s a disease it must be one of the diseases which are recognized and listed by the government. You are likely to qualify if:

• Whilst employed you have suffered an accident or contracted one of the recognized industrial diseases
• You have a disability of at least 14% as a result ( this will be assessed by a medical examination )
• It’s been 90 days since the injury or onset of the disease (not necessary in mesothelioma or lung cancer cases)

Mesothelioma and lung cancer claims are fast tracked. If successful the amount of weekly pension is paid depends on how disabled you are. In mesothelioma cases this will normally be at 100% with a pension of £131.70 per week.

Lump sum compensation for mesothelioma and other diseases

A one off payment under the Pneumoconiosis etc. (Workers Compensation) Act 1979 can be very substantial. Mesothelioma and lung cancer normally give rise to a 100% payment.

Only certain illnesses (see below) count for payment. The claim can be made by the sufferer if still alive, or by their widow or widower or other dependants, but anyone payment can ever be made. The amount of the payment and its implications financially vary according to who makes the application. Time limits to apply, so act quickly. To be entitled to payment it is necessary to show

• you have been awarded Industrial Injuries Disablement Benefit ( but don’t wait for a decision on that before applying )
• you are suffering from an asbestos related disease ( but not pleural plaque ), pneumoconiosis, or bysinossis
• your employer has ceased carrying on business, or it is at least 20 years since you were exposed

If in doubt make an application.

If applying as a spouse or dependant you need to show the above criteria were met before death.

See asbestos legal advice for more information about asbestos claims.

Incapacity benefit

Is paid if you if you are incapable of work for whatever reason and have paid enough national insurance contributions. The incapacity to work does not need to be caused by work. If you were working at the time you became incapable for the first 28 weeks of your claim essentially you have to show you can’t do your current job. After that ( or if you weren’t working when you became incapable ) you have to pass the personal capability assessment. This is an assessment of the extent to which you can or can’t carry out certain activities.

The rules are complex and detailed so if in doubt take advice.

If you were employed and unable to work you will be entitled to statutory sick pay for a maximum period of 28 weeks. Depending on your contract of employment you may also be entitled to occupational sick pay from your employer. If you are unemployed or self-employed and incapable of work you should consider making an application for income support and incapacity benefit instead.