How much could my claim be worth?
The amount a Trust Claimant will receive once their claim has been established will depend upon several factors:
- Whether Expedited or Individual Review is elected:
Expedited Review values and maximum Individual Review values are set out in Schedule 3 of the TDP
- The asbestos related disease contracted:
Compensable diseases are set out in Schedule 3 of the TDP
- The dividends to which the Trust Claimant is entitled:
T&N dividend – available to all except Chester Street Claimants.EL dividend – available to all employees exposed to asbestos dust post 1 October 1969 in respect of mesothelioma, asbestos related lung cancer, pleural thickening and pleural plaques (Scottish and Northern Ireland jurisdictions only) and exposed to asbestos dust post 1 January 1972 in asbestosis casesTBA dividend – available to all Trust Claimants exposed to asbestos dust either through employment with TBA or as a result of the activities of TBA
FMFP dividend – available to all Trust Claimants exposed to asbestos dust either through employment with FMFP or as a result of the activities of FMFP
Chester Street dividend – available only to subrogation claims brought in accordance with the Shipyard Agreement
With effect from 1st April 2020 the relevant dividends will be:
Initial Dividend Anticipated Second Dividend T&N 20p/£ 3p/£ EL 47p/£ 3p/£ TBA 3p/£ 0 FMFP 40p/£ 0 Chester Street 23p/£ 3p/£ Hercules 2p/£ 7p/£ - Other culpable exposure:
In divisible disease cases account will be taken of other negligent exposure
- Contributory negligence:
e.g. asbestos related lung cancer where the Injured Person smoked
- Litigation Risk:
e.g. product liability cases
Example (with effect from 12 October 2016)
1. A former employee of Newalls Insulation Company Limited who has contracted moderate pleural thickening and was exposed between 1 October 1968 and 1 October 1970 and elects Expedited Review:
Schedule value £45,000 50% exposure attracts EL Fund payment £22,500 x 47 £10,575 Remaining 50% exposure attracts T&N Fund payment. £45,000 less EL payment of £10,575 = £34,425 £34,425 x 20% £6,885 Initial Payment to Trust Claimant (excluding costs)
£17,4602. A former employee of TBA Industrial Products Limited who has contracted asbestos related lung cancer who was exposed between 1 January 1950 and 1 January 1960 and has elected Individual Review. In addition he continued to smoke 20 cigarettes a day until 2000.
Claim valued at £120,000 less 20% to reflect contributory negligence = £96,000
100% exposure attracts TBA Fund payment £96,000 x 3% £2,800 100% exposure attracts T&N Fund payment £96,000 x 20% £19,200 Initial Payment to Trust Claim (excluding costs)
£22,080 - Other culpable exposure: