Recovery of lump sum payments in disease cases
Recovery of lump sum payments in disease cases

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Recovery of lump sum payments in disease cases
  • General
  • Summary of entitlement to lump sums
  • Pneumoconiosis etc (Workers’ Compensation) Act 1979
  • The 2008 Diffuse Mesothelioma Scheme
  • The Diffuse Mesothelioma Payment Scheme
  • Other ex-statutory schemes
  • Repayment of the lump sum
  • General
  • New regime
  • More...

Recovery of lump sum payments in disease cases

For guidance on how to apply for a Compensation Recovery Unit (CRU) certificate and on challenging a certificate, see Practice Note: CRU certificates: recoverable benefits and lump sum payments.

General

Practitioners should note that the treatment of lump sum payments made under certain schemes relating specifically to cases of respiratory disease, differs from that in respect of state benefits received, where damages are awarded in civil claims. The three schemes are:

  1. the Pneumoconiosis etc (Workers’ Compensation) Act 1979 (P(WC)A 1979)

  2. the 2008 Diffuse Mesothelioma Scheme

  3. the Diffuse Mesothelioma Payment Scheme 2014

For further guidance on the above compensation schemes, see Practice Notes: Disease compensation schemes and Mesothelioma claims—procedure.

Summary of entitlement to lump sums

Pneumoconiosis etc (Workers’ Compensation) Act 1979

A claim may be brought under this legislation by a person or (where such person has died) the dependants of a person who:

  1. is/was suffering from:

    1. pneumoconiosis (including silicosis, kaolinosis and asbestosis)

    2. byssinosis

    3. primary carcinoma of the lung (where there is accompanying evidence of asbestosis and/or bilateral diffuse pleural thickening)

    4. bilateral diffuse pleural thickening

    5. diffuse mesothelioma

  1. is entitled to Industrial Injuries Disablement Benefit in respect of one of those lung diseases

  2. has not brought a court action or reached an out-of-court settlement in respect of the lung disease

  3. one of the following applies:

    1. the employer who caused or contributed to the dust exposure

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