Frequently asked questions
Q1 How long does the process take?
A: That depends on a number of factors. In Expedited Review claims, an Admission Notice is issued within two weeks once the Proof of Claim form has been completed satisfactorily and all relevant documents have been provided. If the Trust Claimant does not wish to refer the claim to the Expert, payment will be made approximately 4 weeks after receipt of the Admission Notice. The Individual Review process takes longer because more information has to be provided and it is then necessary to quantify the claim, usually with the assistance of Counsel. Once all documents/information have been received it is usually possible to obtain Counsel’s advice within 2/3 months.
Q2 Do I need a full medical report?
A: The Trust Distribution Procedures (“TDP”) require a diagnosis by an accredited respiratory specialist in all cases. As a concession, the Trustee will accept a death certificate in mesothelioma cases which proceed by Expedited Review.
Q3 How much will I receive by way of legal and medical costs?
A: Legal costs are limited and are defined in section 5.2.3 of the TDP:
a) £575 in relation to the first £5,000 of the Established Claim; plus
b) 5% of the amount by which the Established Claim exceeds £5,000.00 but does not exceed £20,000; plus
c) 2.5% of the amount by which the Established claim exceeds £20,000
Subject to an absolute limit of £5,750
Current medical costs are:
a) £600 in cases of mesothelioma and lung cancer
b) £800 in cases of asbestosis and pleural thickening
Q4 The Injured Person has died. Is a Grant of Probate required?
A: In deceased cases, a Grant of Probate is always required where the payment is likely to exceed £5,000 in claims which are entitled to a payment from the EL fund, and £10,000 in all other claims
Q5 I am not happy with the offer set out in the Admission Notice and am considering referring the claim to the Expert. If the Expert finds in favour of the Trustee, what are the costs consequences?
A: The current Expert’s fees are:
Liability – £2,750 plus VAT
Q6 I have already settled my claim against other culpable employers. Can I now make a claim against the Trust in respect of asbestos exposure by a T&N company?
A: If the claim is in respect of a divisible asbestos related disease – asbestosis or pleural thickening – yes. If the claim is in respect of a non divisible disease – mesothelioma or lung cancer – a Trust claim can only be made if settlement with the other parties specifically excluded the relevant T&N company’s share.
Q7 I see from the TDP that a second dividend is anticipated 5 years from the date of the initial payment. Will I need to fill in a new form to obtain this second dividend?
A: No – the payment will automatically be forwarded to the party who received the initial payment. If circumstances have changed, e.g. the original Trust Claimant has died or a different firm of Solicitors has been appointed, the Trust should be notified as soon as possible to enable records to be amended.
Q8 Do I need to appoint a Solicitor to make a claim?
A: It is not necessary to instruct a Solicitor to make a Trust claim. The Trust office will assist, if necessary, in completing the Proof of Claim form. However, it is probably in your best interests to instruct a firm of Solicitors experienced in asbestos claims as they will be able to advise you on whether, for instance, you should elect the Expedited or Individual Review procedure