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 cases

    TBA 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 12 October 2016 the relevant dividends will be:

    Initial Dividend Anticipated Second Dividend
    T&N 20p/£ 3p/£
    EL 47p/£ 3p/£
    TBA 3p/£ 0
    FMFP 70p/£ 10p/£
    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)
    £17,460

    2. 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