Mesothelioma claims when the employer no longer exists

Mesothelioma is a cancer of the lining of the internal organs, almost exclusively linked to asbestos exposure. Emma James, Associate in our specialist asbestos team, explains what happens if you think you have a claim against an employer but they no longer exist.

Understanding the issue

Many people diagnosed with mesothelioma today were exposed to asbestos decades ago. As this disease can take 10 – 50 years or more to develop, it’s very common for people to discover that the employer responsible for their exposure has long since stopped trading, been dissolved, or no longer exists.

Understandably, this leaves many people worried and asking the same question: “Can I still make a claim for compensation?”

The good news is yes; there are still options to explore. You may still be able to make a claim even if your former employer no longer exists. We have helped thousands of people in exactly this situation.

What is a mesothelioma claim?

A mesothelioma claim is a claim for compensation following a diagnosis caused by previous negligent asbestos exposure. Mesothelioma is a cancer caused almost exclusively by asbestos and, because it has a long latency period, claims often relate to work carried out many years, or even decades, earlier.

Why employers might no longer exist

Asbestos was widely used between the 1940s and the 1980s, and many of the employers responsible for exposure have since gone out of business, merged with other companies, been nationalised or later privatised, changed name or undergone restructuring (creating complex corporate histories), or have insurers whose records are now difficult to trace.

However, even if a business no longer exists, its employers’ liability insurer at the time of exposure can still be held responsible for paying compensation and, in many cases, they still do today.

Can you still make a claim?

Yes. Most mesothelioma claims are paid by the employer’s insurer, not the employer themselves. If a company is still trading, compensation can be paid directly by that company.

Our specialist solicitors can often help by:

• tracing historic insurers
• identifying successor companies
• using archives, records and tracing agencies to locate insurance cover
• gathering witness evidence to support your case

Importantly, if there is no active company and no insurer can be traced, people diagnosed with mesothelioma may still be able to claim through a government scheme.

Important update: DMPS payments to increase by 49% from November 2025

For people who have been negligently exposed to asbestos during their working life and later diagnosed with mesothelioma, but who cannot bring a civil claim because their former employer no longer exists or no insurer can be traced, the Diffuse Mesothelioma Payment Scheme (DMPS) provides a vital safety net as a scheme of last resort.

Following the latest government review, it has now been confirmed that from 4 November 2025, payments under the DMPS will increase by 49% across all age groups.

This means:

• Successful applicants will receive almost 50% more compensation than before
• Payments will be brought more closely in line with the levels typically awarded in civil mesothelioma claims, creating fairer and more consistent outcomes.
• The uplift applies automatically to new successful applications after the date the change comes into force

This is the largest increase in the scheme’s history and is intended to ensure that people who cannot pursue a civil claim are not financially disadvantaged. Payments will now range from £129,721 to £403,969.

The government’s most recent DMPS Annual Review (2024–2025) highlights how crucial the scheme is. Since its launch in 2014, it reports supporting over 2,290 people, paying out more than £335 million in compensation.

For anyone who may need to rely on the DMPS, this uplift is a significant and positive development that helps ensure access to justice for as many people as possible living with this devastating disease.

What do we need from you?

You’re not expected to have everything to hand at the outset, we can begin our investigations with just a few simple details:

• Medical proof of your diagnosis
• A general outline of where you worked
• A brief explanation from you or your family about how you came into contact with asbestos
• Any witnesses who may remember working with you (if available)

Our team is here to support and guide you through this process.

How we can help

We have one of the UK’s leading asbestos and mesothelioma claims teams. We specialise in complex cases, including those involving employers who no longer exist, and we regularly trace insurers who were on risk decades ago to secure justice for individuals and their families.

We can also advise you on whether you may be eligible for the Diffuse Mesothelioma Payment Scheme (DMPS), especially in light of the significant increase in compensation due from November 2025.

We work on a no win, no fee basis, and our team is known for its supportive and holistic approach at what is often a very difficult time for clients and their loved ones.