Asbestos and dust-disease compensation: 2026 changes explained
The government plans to pay more to eligible dependants under two existing schemes for people affected by asbestos and other dust diseases. If Parliament approves the changes, they start on 31 October 2026.
This guide explains what asbestos and dust-disease compensation looks like for people in England and Wales, and our workplace injury team is here to help with both government schemes and civil claims.
What is changing
The government laid draft rules on 1 September 2026. They change two schemes that already exist. One is the 1979 scheme, which was set up under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. The other is the 2008 Diffuse Mesothelioma Scheme. The rules cover Great Britain, and this article looks at the position in England and Wales.
Dependants are the people who claim after a person affected by an asbestos-related disease has died, and the scheme rules decide who counts as one. At the moment, they receive less than those affected do. The Department for Work and Pensions says the average payment is £17,700 for those directly affected and £10,700 for dependants. The change would bring the dependant rate up to the same level and would remove some old top-up payments that no longer serve a purpose.
The date the new rate applies depends on which scheme is involved.
| Scheme | Covers | New dependant rate applies when |
|---|---|---|
| 1979 scheme | A set list of dust diseases | You first meet the entitlement conditions on or after 31 October 2026 |
| 2008 scheme | Diffuse mesothelioma only | The person with mesothelioma dies on or after 31 October 2026 |
Eligibility for asbestos and dust-disease compensation
The 1979 scheme covers these diseases:
- Diffuse mesothelioma.
- Pneumoconiosis, including asbestosis.
- Byssinosis, which is caused by cotton or flax dust.
- Diffuse pleural thickening.
- Asbestos-related primary lung carcinoma, which is a type of lung cancer.
You may be able to claim if you have one of these diseases and you have claimed, or are able to claim, Industrial Injuries Disablement Benefit (IIDB). You also need to be unlikely to recover damages from the employer responsible. That might be because the business has closed down.
A dependant can claim if the person affected died without making a claim. A different rule applies if the person affected did claim but died before they were paid. In that case, the money goes to their personal representatives, who are the people dealing with their estate.
The 2008 scheme is only for diffuse mesothelioma. It is meant for people who do not qualify under the 1979 scheme, and some extra conditions apply. There is also a third scheme, the Diffuse Mesothelioma Payment Scheme, which is for cases where the employer and its insurer cannot be traced. These changes do not affect it.
How to claim and the time limits
The steps below give a general picture of how a claim works.
- Get a formal diagnosis from a specialist.
- Apply for IIDB and send in your 1979 scheme claim as soon as you can. You do not need to wait for the IIDB decision first.
- Keep a record of where you worked and any exposure you know about.
- Speak to a solicitor before you accept or settle any payment.
The time limits are strict, so it helps to act early:
- 1979 scheme claim: within 12 months of the date your IIDB entitlement began. Extra time may sometimes be allowed, but it is safest not to count on it.
- Dependant’s claim: within 12 months of the death.
- Civil claim: usually three years. The clock starts when the harm happens or, if later, when you knew enough to bring a claim. The law calls this your “date of knowledge” under the Limitation Act 1980. Courts can sometimes allow more time, but you should never rely on that.
What to expect from payments
Draft payment tables exist, but they have no legal force until Parliament approves them. For that reason, we have not listed any figures here. Under the 1979 scheme, the payment depends on your age and your level of disablement. Under the 2008 scheme, it depends on your age only. The averages above give a sense of scale, and your own payment may be higher or lower.
How our personal injury experts can help
We have helped people across the country who were exposed to asbestos at work. Some who have worked in shipbuilding and others in construction, or on maintenance jobs in older buildings. The UK banned asbestos in 1999, so it is sensible to assume that any building built or refurbished before 2000 may contain it until it has been checked.
Sometimes many people were exposed at the same site. A group action may help in that situation, although each person’s diagnosis, cause and time limits are still looked at separately.
Government payments and civil claims
A government payment and a civil claim against a former employer or insurer are separate routes. You cannot be paid twice for the same harm, and a government payment can be taken off any compensation you receive later. Starting or settling a civil case can also affect your right to claim under the 1979 scheme. We would encourage you to get advice before you take either step.
Speak to our personal injury team
Our specialist Personal Injury & Group Actions team has extensive experience supporting people across Norfolk, Suffolk and beyond who are affected by asbestos and dust diseases. We offer a free, no-obligation first consultation to understand your case and can discuss funding options, including no-win, no-fee agreements where appropriate.
Our proven track record includes securing more than £100,000 for a client in an industrial disease claim. Read our case study, Over £100,000 won in industrial disease settlement.
Get in touch with our workplace injury team for a free, confidential chat about your options.
Frequently asked questions
Is this a new asbestos compensation scheme?
No. The government is changing two schemes that already exist. They are the 1979 scheme and the 2008 Diffuse Mesothelioma Scheme.
When do the changes start?
They start on 31 October 2026 if Parliament approves them. Under the 1979 scheme, the new rate applies if you first meet the entitlement conditions on or after that date. Under the 2008 scheme, it applies if the person with mesothelioma dies on or after that date.
Can I claim from a government scheme and bring a civil claim?
In some cases, yes. You cannot be paid twice for the same harm, though, and a government payment may be taken off later compensation. Please get advice before you start or settle a case, and tell your solicitor about any payment you have received.
What if my former employer has closed or cannot be traced?
The answer depends on the disease, how you were exposed and which scheme applies. A solicitor can help you find the right route, including whether the Diffuse Mesothelioma Payment Scheme is relevant.
This article was produced on the 8th October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.
