Asbestos Compensation Reforms Must Deliver, says Lawyer

Jordan Bell, Head of Industrial Disease for Slater and Gordon

The head of industrial disease at law firm Slater and Gordon has welcomed major upcoming reforms to the government compensation scheme for asbestos and dust-disease victims, while urging ministers to ensure the system is properly resourced to ensure claims are processed promptly.

New regulations covering the statutory compensation schemes will come into force on 31 October 2026, reforming both the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme and the 2008 Diffuse Mesothelioma Scheme.

Under the current system, if a worker dies from a workplace dust disease before securing compensation, their dependants face a significant financial shortfall and receive a substantially reduced statutory payment.

Fairer Compensation for Bereaved Families

The new framework ends this discrepancy, enabling bereaved dependants to claim the same full compensation rate as victims. The rules will also introduce a single, clear award structure by removing outdated top-up payments.

Jordan Bell, Head of Industrial Disease for Slater and Gordon, comments: “The upcoming changes coming into force on 31 October represent a significant, compassionate and welcome improvement to the statutory compensation system for people affected by occupational asbestos-related and dust-related diseases, such as mesothelioma.

“For many families, particularly those affected by mesothelioma, time is not on their side. Mesothelioma is an aggressive and incurable cancer, and many of those diagnosed sadly die before compensation claims or benefit applications can be fully processed. Families who have already endured the devastating reality of occupational diseases have been treated like an afterthought by a system that slashed their financial support if a loved one passed away.

“Under the existing system, bereaved dependants can receive a lower level of statutory compensation than the sufferer would have received themselves. Rectifying that disparity is an important step towards a fairer system and ensures that bereaved families will no longer face this shortfall, providing greater financial support to bereaved families.

“The government’s own estimates suggest that bereaved families will receive between £2-6 million more in support each year because of these changes. At a time when families are coping with the emotional and financial consequences of losing a loved one to a preventable occupational disease, that additional support can make a real difference.”

The reforms also aim to simplify the compensation process by replacing multiple payment arrangements with a single award structure.

Jordan added: “The changes also simplify the way statutory awards are calculated, removing top-up payments and introducing a single award structure. That should make the system clearer and more straightforward for claimants and their families navigating it at what is often an extremely difficult time.”

Statutory Payments Do Not Replace Civil Claims

However, the lawyer stressed that statutory payments should not be viewed as an alternative to pursuing a civil legal compensation claim against negligent employers or insurers.

He said: “It is also important that people understand that these statutory government payments are not a substitute for pursuing a civil compensation claim wherever a claim is possible. Government scheme payments offer crucial financial assistance and should be viewed as an important safety net for those who are unable to recover damages from a former employer or insurer, such as when historic employers or insurers can no longer be traced, but not as an alternative to seeking full compensation.

“They do not affect or limit the ability to recover civil damages from negligent employers or insurers.

“In every case, the possibility of bringing a civil compensation claim should be thoroughly investigated, even where substantial government benefit payments may already have been made.

“Successful claims against employers and insurers can provide substantially higher levels of compensation, especially in cases involving serious illness or permanent disablement, and can help ensure justice and accountability where workers have been exposed to dangerous dusts, including asbestos, in the workplace.”

Government Urged to Prevent Further Delays

With aggressive terminal illnesses, Jordan also warned that the policy change must be backed by swift operational implementation and called on the government to ensure the reforms are matched by adequate staffing and resources so that claims can be processed quickly.

He said: “While these reforms will improve financial support for sufferers and their dependants, the absolute priority must always be ensuring that the relevant government teams are properly resourced so that applications are processed as quickly as possible, especially for living claimants.

“Aggressive diseases like mesothelioma act quickly, and sufferers tragically often die before their paperwork can be processed. Wherever possible, the Department for Work and Pensions must ensure that people diagnosed with terminal conditions such as mesothelioma receive the compensation they are entitled to promptly during their lifetime, rather than their families having to pursue claims after their death.”

Seek Specialist Legal Advice Early

He urged anyone impacted by a recent asbestos-related or dust-related disease diagnosis to seek specialist legal advice as soon as possible. “Because of the complex interaction between government funds and corporate liability, my advice is that anyone diagnosed with an asbestos-related or dust-related disease should seek specialist legal advice as early as possible,” says Jordan.

“There may be several routes to financial support that can be explored, including civil compensation, state benefits and statutory lump-sum payments, rather than relying on any one scheme in isolation. It is important that no available avenue of entitlement is overlooked at what is often an incredibly difficult time to protect the sufferer and their dependants.

“The new rules are a welcome improvement to the statutory compensation system. But they should sit alongside, rather than replace, the investigation of potential civil claims against employers and insurers.

“For families dealing with the often-devastating consequences of occupational disease, these cases are not simply about financial awards. They are about ensuring that people receive the support to which they are entitled and that families are not left without access to compensation because of delays in the system.”

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