Pneumoconiosis Etc. (Workers’ Compensation) Act 1979

This Act provides a one-off lump sum compensation for sufferers (or their dependants if they have died) of certain dust-related diseases. Amongst the diseases that qualify include the asbestos cancer mesothelioma and also asbestosis.

To those who intend to apply for this award the sufferer must be in receipt of Industrial Injuries Disablement benefit and have a qualifying disease. Applying is generally a paper form filling exercise and any one of our industrial disease fee earners at Irwin Mitchell will be happy to assist. The importance of sufferers applying and receiving an award under the PWCA 1979 cannot be underestimated.

Mr W a 73 year old retired engineer had contracted a severely disabling asbestosis which has left him almost housebound. Unfortunately the deterioration in his breathing since early of this year rendered him entirely reliant on his wife's care and assistance and he had not been able to leave his house (save for hospital appointments) since, he could not get his wheel chair out of the main door because of the steep steps.

His wife, quite understandably, could not carry his full weight in order to get him out. On those occasions when he had to leave for hospital appointments he was assisted by paramedics who took him by ambulance. 

Unfortunately his local council were not willing to assist financially with making adaptations to their house as the cost was too great and the house was privately owned. He did not have the funds to pay for it himself.

Mr W, with our help, and already in receipt of Industrial Injuries Disablement Benefit, applied for the lump sum payment and received £ 9,816.00. With it he was able to make adaptations to the house that included re-altering the house to put a back door into the back patio (that replaced the garden) and placing a ramp for him to wheel the wheel chair out of the house.

Mr W was finally able to enjoy the outdoors at his own leisure for the first time in months.  This process took just 4 weeks from the time Ben Mitchell, his solicitor, visited Mr W for the first time.

Without the one off award Mr W would have likely been confined to his home The award has significantly improved his quality of life. The award is very simple and easy to apply for and the importance of doing so cannot be under estimated.