Checklist—The Diffuse Mesothelioma Payments Scheme


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Checklists

Checklist—The Diffuse Mesothelioma Payments Scheme


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert

Checklists
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This Checklist outlines the key aspects of the Diffuse Mesothelioma Payments Scheme which was set up in July 2014 to make payments to victims of mesothelioma who are unable to trace either a liable insurer or their employers’ liable insurer.

The key aspects of the Diffuse Mesothelioma Payments Scheme are:

ProvisionThe lawThe detailComment
Eligible applicantsSection 2 of the Mesothelioma Act 2014 (MA 2014)A claimant is eligible for payment if 'a relevant employer has negligently or in breach of statutory duty caused or permitted the person to be exposed to asbestos'
The claimant must not have already brought a claim for damages against an insurer or employer
They must be 'unable to bring an action' because the employer or insurer 'cannot be found or no longer exists or for any other reason'
The claimant must not have received damages or 'a specified payment' or be entitled to received such a payment in respect of their mesothelioma		This eligibility criteria can be problematic for claimants who have experienced multiple exposures to asbestos
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Jurisdiction(s):
United Kingdom
Related legal acts:

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