If your mesothelioma could be due to exposure to asbestos through your work, you may be able to claim compensation. This can be done in two ways: through benefits paid by the government and/or by suing your employer for the period (or periods) during which you were exposed to asbestos. Your specialist nurse, local Citizens Advice Bureau, a local Benefits Adviser or an Asbestos Diseases Support Group can tell you who to contact and help you through the benefits system.

The main benefit payable for people with asbestos-related illnesses is Industrial Injuries Disablement Benefit. This is paid, as a regular weekly allowance, to people who have mesothelioma and can show that they have worked in a job that exposed them to asbestos. The work may not have involved actually handling asbestos but may have been done somewhere where there was a higher-than-normal level of asbestos in the air.

This benefit is not paid if you were self-employed in the work that led to the asbestos exposure.

You can get benefit forms by ringing the Department for Work and Pensions Benefit Enquiry Line on 0800 882 200. It is advisable to do this, because if the benefit is awarded it will start from the date of the phone call. Always keep any copies of any claim forms, letters or queries you have sent to, or received from, your Benefit Agency or the Department for Work and Pensions. If you phone the Benefit Agency, record the name of the person you spoke to and what they said and make a note of the date, time and reason for your call. Have your National Insurance number available.

If you were in the armed forces and you have mesothelioma because you came into contact with asbestos, you may be able to make a claim with the War Pensions Agency (your local office will be in the phone book). You can also call the Service Personnel and Veterans Agency Helpline (0800 169 22 77) for more information.

It is important to claim all benefits you think you may be entitled to. Many people miss out by failing to claim. See the information on other financial help and benefits.

Anyone who is diagnosed as having mesothelioma and has worked somewhere where they have been exposed to asbestos in the past should consider getting legal advice from a solicitor, to see if they can bring a civil law personal injury claim for compensation from their employer.

As mesothelioma claims are a very specialised area, when contacting solicitors it is always a good idea to ask:

• Does the solicitor specialise in asbestos cases?
• How many similar cases has the solicitor handled?
• How many of these have actually come to court?
• How many asbestos cases has the solicitor successfully handled in the past three years?
• Is the solicitor a member of the Association of Personal Injury Lawyers (APIL)?
• Will the solicitor pay for your insurance policy?
• When would you be expected to pay the solicitor?
• What additional expenses may you be expected to pay, such as court costs and court fees?
• Will they work on a no-win/no-fee basis?
• How will you be kept informed of what is happening with your claim?
• How long will the claims process take?
• How soon does the solicitor expect to start a court action?

Your trade union (if you have one) may be able to recommend an experienced solicitor. The Law Society (0870 606 2555) has a list of specialist solicitors.

For the claim to be successful you would have to show that:

• It is likely that your mesothelioma is due to exposure to asbestos during the course of your work. This may be difficult to prove, so the legal phrase is that 'on the balance of probabilities' the exposure caused the condition. This means that although it cannot be certain that the mesothelioma was caused by one or more jobs, it is more likely than not that it was.
• Your employer at the time was careless (negligent) in not keeping up the standards required by common law.

It may be possible to sue your employer for specific offences against health and safety regulations.

If a previous employer has gone out of business it may be possible to claim against the firm's insurers.

Claims must be started within three years of the first 'date of knowledge' of any injury due to asbestos. This does not mean three years from the time of asbestos exposure, but three years from when an asbestos-related illness was first discovered.

Sometimes, a person may think they have a claim but:

• the previous employer has gone out of business and the employer's insurer no longer provides cover
• your solicitor has advised that you do not have a realistic chance of obtaining damages. 

In these circumstances it may be possible to get compensation from the government under the Pneumoconiosis Worker's Compensation Act of 1979. If the claim is successful, it provides a lump sum of cash in addition to the Industrial Injuries Disablement Benefit paid by the government.

Support when claiming compensation

Any of the asbestos support organisations can give you information about claiming compensation and support you through the process. The Occupational and Environmental Disease Association (OEDA) and the Association of Personal Injury Lawyers (APIL) can give you more information about the process of making claims.

Costs of claiming compensation

Making a personal injury compensation claim should not cost you a lot of money. Most good solicitors offer a free initial interview, even if a home visit is needed. The solicitor should then be able to discuss the various options for funding, before any claim is started.

If you are a member of a trade union or a professional association, or you have legal expenses insurance cover, then you may not have to pay anything. If your solicitor is prepared to take your case on a 'no win/no fee' basis then you may have to pay a one-off insurance premium (which is paid back to you if the claim is successful). The insurance cover will protect you against the risk of having to pay the other side's costs if the claim is lost or discontinued (if court proceedings have been started).

Compensation for family members

Compensation can be claimed by relatives of people who have died of mesothelioma, to compensate them for their relative's pain and suffering and any financial losses suffered as a result of the illness. It is helpful to get legal advice before making such a claim.

If you are employed and unable to work, your employer can pay you Statutory Sick Pay (SSP) for a maximum of 28 weeks.

If you are still unable to work after this period, you may be able to claim Incapacity Benefit. There are three rates of Incapacity Benefit: a short-term lower rate, a short-term higher rate and a long-term rate.

You can claim the short-term higher rate of benefit from the Benefits Agency if you have paid the correct level of National Insurance contributions. If you are still unable to work after one year, you can claim long-term Incapacity Benefit.

If you are self-employed, you are entitled to the same benefits as long as you have been paying the correct National Insurance contributions.

People who are unemployed and unable to work cannot claim Job Seeker’s Allowance but can apply to see if they qualify for the short-term lower rate of Incapacity Benefit.

People who are not eligible for Incapacity Benefit because they have not paid the relevant National Insurance contributions may qualify for Income Support.

If you are ill and not able to work, remember to ask your GP for a medical certificate for the period of your illness. If you are in hospital, ask your doctor or nurse for a certificate to cover the time that you are an inpatient. This will be necessary if you need to claim a benefit. You may need to take a medical test to see if you are eligible to claim.

You may qualify for Disability Living Allowance (if you are under 65) or for Attendance Allowance (if you are over 65). Ask your local Social Security office for claim forms.

There is a fast track ‘special rules’ claims system for people with diseases such as mesothelioma. People who are claiming under the special rules need to get their doctor or specialist nurse to complete a form for either benefit.  Special rules payments of Attendance Allowance and Disability Living Allowance care component are made for a maximum period of three years, after which they may be paid again following review.  It is impossible to tell exactly how long someone may live and many people with advanced cancer may be entitled to special rules payments, so it can be helpful to check with your doctor.

You may also be able to get tax credits from the Inland Revenue such as Child Tax Credit and Working Tax Credit. You can get information about these from a social worker, Citizens Advice Bureau, the Department for Work and Pensions or the Tax credits Helpline 0845 300 3900.

The Benefits Agency has two booklets (IB1 and SD1) which outline all these benefits and others you may be entitled to. You can get a copy from your local Citizens Advice Bureau or Social Security office, where staff will also be able to advise you about the benefits you can claim. You will usually need to make an appointment. Their addresses and telephone numbers are in the phone book. You can also get information from the Benefit Enquiry Line on 0800 882 200 or the Department for Work and Pensions website at www.dwp.gov.uk

The social worker at the hospital can give you advice on sources of financial help. You may also be able to claim grants and benefits from other organisations or charities. Macmillan Cancer Support gives grants to people with cancer and has a financial advice helpline. They produce a booklet called Help With the Cost of Cancer. A book that gives details of all the trusts and organisations that provide financial support is available from bookshops or local libraries. It is called A Guide to Grants for Individuals in Need. For further information about these publications please see the patient information guide in our financial issues section.

If you have been assessed as having a need for social services, you may be entitled to get direct payments from your local authority. This means that you are given payments to organise social services yourself, rather than the local social services organising and paying for them for you. You can get information about direct payments from the Department of Health website at www.dh.gov.uk or from your local social security office.

If you have cancer, it can be more difficult to get travel insurance. We have a section on travel and cancer which includes a list of travel insurance companies who offer insurance to people with medical conditions, including cancer.

You may need to take time off work during your treatment and for a while afterwards. It can be hard to judge the best time to go back to work, and your decision if and when to go back is likely to depend mainly on the type of your work and whether your income is affected. It is important to do what is right for you. It can be helpful to talk to your employer about the situation – it may be possible for you to work part-time or job share.

You may wish to take early retirement on health grounds. Our section on work and cancer, discusses work-related financial issues.

When a person with mesothelioma dies, the doctor who signs the death certificate must inform the coroner. The coroner decides if a post-mortem examination is needed and an inquest will be held. The death certificate will not be released until after the inquest. This can be distressing at an already difficult time and you may wish to get support from your specialist nurse or a support organisation.

You may wish to get legal representation at an inquest if you are considering making a claim for compensation.