Pleural Plaques Payment Scheme - a Guide for Claimants

Following the House of Lord’s decision in the case of Johnson v NEI International Combustion Limited the Ministry of Justice announced that they would set up a scheme to allow people to receive a one-off payment who worked in England and Wales and had begun a claim for compensation as a result of developing pleural plaques following exposure to asbestos during their employment.

Under the scheme, a Claimant who began their claim before 17th October 2007 can apply for a compensation sum of £5,000.

This brief guide explains how applications can be made though it should be noted that applications should be made no later than 1st August 2011.

Please note that applications cannot be submitted after a Claimant’s death, but if the Claimant applied to the scheme before his/her death, their personal representatives can continue the claim on behalf of their Estate.

Application Process

Registration can be done by telephone or online.

Telephone Registration 

Call 0300 303 8150

Lines are open: 

08.30 – 17.00 Monday to Thursday and
08.30 – 16.30 on Fridays.

Online Registration

Visit http://www.justice.gov.uk/guidance/pleural-plaques-compensation-scheme.htm and click on the hyperlink for an online application form.

In either case you will be asked for the following information:

  1. If you have a legal representative. 
  2. If the Claimant has previously registered under the scheme. 
  3. If the Claimant has previously received compensation (and the amount if appropriate). 
  4. The Claimant’s name, address, date of birth, telephone number and email address. 
  5. Employer’s name and address for whom the claim is made against. 
  6. Start date of employment. 
  7. End date of employment.

This is then followed by a request for confirmation that the information provided is true and the Claimant will be sent a reference number, correspondence address and a statement of truth to complete.

The Claimant will then be required to send to the Ministry of Justice the following documents. 

  1. If a legal representative was previously appointed: 
    1. A sealed copy of the claim form; or 
    2. A copy of the letter of claim, certified by the Solicitor, together with any documents sent with the letter of claim in support of the claim. 
    3. If no letter of claim was sent, the Claimant will need to supply the following: 
      1. Proof of diagnosis of pleural plaques resulting from exposure to asbestosis.
      2. Certified copies of correspondence with a Solicitor or trade union confirming that the case was taken on by the Solicitor or trade union prior to 17 October 2007. 
      3. Documentation (such as wage slips/contract of employment/ Inland Revenue documents) to show that the Claimant was working in England or Wales and was exposed to asbestos in the course of their employment.
      4. Details of the defendant/insurer and grounds of the claim against them. 
  2. If no legal representative was previously appointed: 
    1. A sealed copy of the claim form; or
    2. A copy of the letter of claim together with any documents sent with the letter of claim in support of the claim.

Costs

It should be noted by applicants that any legal costs cannot be claimed in addition to the compensation payment made.

For further information on pleural plaques and the pleural plaques compensation scheme, or if you need to discuss making a claim for compensation for an asbestos related condition, please contact Chris Stansfield.

This is not meant to be an exhaustive guide to the new scheme and Nelsons Solicitors Limited do not accept any responsibility for reliance on these brief notes.