MAVSG: Copyright © 2007
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Registered Charity Number: 1033724
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MAVSG: Copyright © 2007
All rights reserved.
Registered Charity Number: 1033724
Design Screen Resolution:
1024x768 pixels
The Government have at long last published some details of the pleural plaques scheme which was announced by the last Government in February. There have been a number of articles written about the new scheme, mainly focusing on who may be eligible for a payment of up to £5,000.
The criteria states that to qualify for a payment you must have been diagnosed with pleural plaques as a result of exposure to asbestos and have attempted to claim damages for the condition prior to 17 October 2007. In addition, you must have never resolved your case or received any interim payments of £5,000 or more for any claim for your pleural plaques. We have recently learnt that no posthumous claims will be allowed.
At this point in time we are advising victims that if you believe you may be eligible you should contact the solicitor who represented you in 2007 but not to agree to the solicitor making any deduction from any payment that you may be entitled to under this new scheme.
If you did not have a solicitor in 2007, or in all other cases, please contact our group before applying to the Government.
This is because all copies of documentation supporting your claim must be submitted within 30 days of making your application to the Government otherwise your claim will be rejected. Please note you can only apply once under this scheme.
We understand that there will be a review or appeals procedure against decisions rejecting a claim. Our group is concerned that claimants applying without the assistance of an expert solicitor in asbestos related disease will be left to appeal on their own.
Our group believes that under no circumstances should you be charged a fee for applying to the scheme.
The situation is far too vague at present and we are seeking clarity via expert solicitors in order that all eligible pleural plaques victims receive their just compensation without any deduction for costs by solicitors or claims farmers. We have contacted some claims farmers and are aware of some solicitors who have either failed to give an assurance that no deduction will be made or have quite blatantly said they have plans of making deductions.
We have received evidence of one particular solicitor asking a former client to sign an agreement allowing him to deduct £1665.65 (one third of his compensation) for processing his claim if it is successful. This man has already paid costs in his case of £550. If any solicitor or claims handler tries to charge you for their services please contact our group.
If you have any questions please do not hesitate to contact our office on 0151 236 1895.
Please find below the rules announced by the government for the Pleural Plaques scheme. Please note the time limits for producing your evidence to support your application which is within 1 month.
WARNING: Applications must be submitted by 1st August 2011 to be eligible
"Copies of additional documents must be submitted within 30 days of making your application to support your claim otherwise your claim will be rejected. Please note you can only apply once under this scheme".
According to the rules failure to produce the evidence and submit it to the scheme would exclude you from making a further application. Please see text above.
Expert solicitors in the field of Asbestos Related Disease litigation are currently seeking clarification on this and some other points in the scheme.
MAVSG will publish on our website the results of these enquiries when available.
Merseyside Asbestos Victims Support Group.
To qualify for payment through this scheme, you must have been diagnosed with pleural plaques as a result of exposure to asbestos and have attempted to claim damages for the condition prior to 17 October 2007.
In addition: As part of your damages claim, you must have a) issued a claim form or b) sent a claim letter prior to 17 October 2007 (in line with Pre-Action Protocol for Disease and Illness).
Or Prior to 17 October 2007 you must have named a defendant/insurer to make your claim against, approached a legal/trade union representative about your case and received confirmation that your case was being taken on
In addition, you must: not have received any interim payments from your claim for £5000 or more; have never resolved your case.
Applications are accepted by telephone or online only. To apply by telephone: 0300 303 8150 - lines are open from 08:30 - 17:00 Mon to Thurs and 08:30 - 16:30 on a Friday.
To apply online: online application form
Applications must be submitted by 1 August 2011 to be eligible.
The type of documents will depend on whether you had legal representation for your original damages claim.
You need a sealed copy (i.e. sealed by the issuing court) of the claim form [and particulars of claim]; or a copy certified by the solicitor, of the letter of claim and the documents in support which were sent with it to the defendant/insurer.
If you did not send a letter claiming damages as part of your original claim, you will need to provide:
Proof of diagnosis of pleural plaques resulting from exposure to asbestos (e.g. a medical report).
Copies of correspondence with the solicitor or trade union (certified by the solicitor or trade union) confirming the taking on of the case prior to 17 October 2007 and its handling.
Documentation to show that you were working in England or Wales and were exposed to asbestos in the course of that employment.
Details of the defendant and/or insurer and grounds of claim against that defendant/insurer