date: 3rd August 2010
embargo: For immediate release
As eligibility guidelines for asbestos victim compensation claims are issued it is a timely reminder that the northern region has the highest proportion of asbestos victims in the country with around ten per cent of all asbestos related deaths in the UK. The most common form of condition caused by asbestos is pleural plaques, a scarring of the lining of the lung.
Unfortunately, this is proving an attractive opportunity for some claims firms seeking to capitalise on other people's misfortune.
Just before the General Election the Labour Government announced a scheme to make a payment of £5000 to sufferers of pleural plaques who had brought but not resolved a legal claim before the House of Lords ended the right to compensation in October 2007.
As a result some claims farmers and firms of solicitors are offering to process claims for pleural plaques under the Government's scheme, but are intending to take a slice of the £5000 payment for their own gain.
The Northern TUC Asbestos Support & Campaign Group is calling for all pleural plaques sufferers not to be tempted by these profiteering companies.
Northern TUC Regional Secretary Kevin Rowan said; 'This is sheer exploitation. The Government have made a commitment to pay a modest lump sum to some workers suffering pleural plaques with details of who is eligible to make such a claim finally being issued. Any claims firms or solicitors preying on these claims by taking a cut are just ripping off victims in the most despicable and vile way.
'Workers who are suffering from pleural plaques should, in the first instance, contact their trade union, which will facilitate legal services at no charge to the individual. People can also contact the Northern TUC Asbestos Support & Campaign Group, who will provide the right kind of advice and guidance, that won't end up costing any money at all.'
Maureen Madden, Chief Officer of Wallsend People's Centre said: 'The Support and Campaign Group advise workers and can provide independent, professional advice about welfare benefit entitlement to any individual or their family affected by asbestos related disease.
'They can help with the completion of applications for Industrial Injuries Disablement Benefit and other benefits and support claimants at tribunals if necessary. They understand the stress and anxiety that many people experience when they receive a diagnosis, and know that forms can sometimes be daunting. They can hopefully help to relieve part of that stress and explain clearly to sufferers the benefits to which they may be entitled.'
NOTES TO EDITORS:
The Northern TUC Asbestos Support and Campaign Group provides advice and guidance for victims of asbestos poisoning and their families, and has a base at Wallsend Peoples Centre.
Maggie and Pat can be contacted at Wallsend People's Centre, Frank Street, Wallsend NE28 6RN but are also able to visit people in their own homes or at another convenient venue.
To contact them call: 0191 2007198 or email asbestos@wallsendpc.org
Criteria:
To qualify for payment throu gh this scheme, you must have been diagnosed with pleural plaques as a result of exposure to asbestos and have attempted to claim damages for the condition prior to 17 October 2007.
In addition:
As part of your damages claim, you must have
a) issued a claim form or
b) sent a claim letter prior to 17 October 2007 (in line with Pre-Action Protocol for Disease and Illness).
Or
Prior to 17 October 2007 you must have named a defendant/insurer to make your claim against, approached a legal/trade union representative about your case and received confirmation that your case was being taken on
In addition, you must:
not have received any interim payments from your claim for £5000 or more;
have never resolved your case.
Applications are accepted by telephone or online only.
To apply by telephone: 0300 303 8150 - lines are open from 08:30 - 17:00 Mon to Thurs and 08:30 - 16:30 on a Friday.
Applications must be submitted by1 August 2011 to be eligible.
Copies of additional documents must be submitted within 30 days of making your application to support your claim otherwise your claim will be rejected. Please note you can only apply once under this scheme.
The type of documents will depend on whether you had legal representation for your original damages claim.
· a sealed copy (i.e. sealed by the issuing court) of the claim form [and particulars of claim]; or
· a copy, certified by the solicitor, of the letter of claim and the documents in support which were sent with it to the defendant/insurer.
· If you did not send a letter claiming damages as part of your original claim, you will need to provide:
· Proof of diagnosis of pleural plaques resulting from exposure to asbestos (e.g. a medical report).
· Copies of correspondence with the solicitor or trade union (certified by the solicitor or trade union) confirming the taking on of the case prior to 17 October 2007 and its handling.
· Documentation to show that you were working in England or Wales and were exposed to asbestos in the course of that employment.
· Details of the defendant and/or insurer and grounds of claim against that defendant/insurer.
- Northern TUC press releases www.tuc.org.uk/northern national releases www.tuc.org.uk and www.twitter.com/tucnews
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- For TUC advice and information on the world of work www.workSMART.org.uk
Media contacts:
Susanne Nichol, Marketing and Communications T:0191 227 5553 M: 07771873108 E: snichol@tuc.org.uk
Northern TUC Regional Secretary, Kevin Rowan T: 0191 227 5550; M: 07766250074; E: krowan@tuc.org.uk
Press release (1,000 words) issued 3 Aug 2010
This page http://www.tuc.org.uk/workplace/tuc-18296-f0.cfm
printed 9 February 2012 at 12:29 hrs by 38.107.179.231