Common mistakes
when making a claim

These are the most common errors and omissions when submitting proof of claim forms:

1. Grant of Probate

In deceased cases, a Grant of Probate must be provided where the payment is likely to exceed £5,000 in claims which are entitled to a payment from the EL fund, and £25,000 in all other claims. This particular omission can delay the establishing of a claim for several months.

2. Question 21

Where the Trust Claim relates to a deceased Injured Person, and the claim is brought by the Injured Person’s Personal Representative  on behalf of their relatives or dependants, the Personal Representative must confirm that all reasonable enquires have been made to identify all the Injured Person’s relatives or dependants who may have a Trust Claim by signing question 21.

3. Medical Evidence

For each of the asbestos diseases, diagnosis must be by an accredited respiratory specialist.   The only exception is in respect of mesothelioma claims where the Trust Claimant elects the expedited review procedure.   In those cases, a death certificate will suffice.

Where the disease is asbestosis or pleural thickening,  the asbestos related disability must be expressed in percentage terms to enable the relevant review value to be applied.

4. Inland Revenue Schedule

The Injured Person’s Inland Revenue schedule must be provided.

5. Legal and Medical Costs

Details of legal and medical costs must be provided when the Proof of Claim form is submitted.

6. Individual Review Claims

Where the Trust Claimant has elected the individual review procedure, as much documentary evidence as possible should be provided to confirm the special damages claimed.

7. General

Where Proof of Claim forms are completed manually, please ensure that the writing is legible.