This week saw the introduction of a new tariff scheme for untraced employer's liability insurance for Mesothelioma sufferers.? The scheme will ensure that Mesothelioma victims who have been exposed to asbestos by a former employer will be able to receive compensation in the instance that their insurers cannot be traced.?
As of Wednesday, individuals and families making claims have been able to access the scheme, which will be funded by insurers.? The scheme will operate on a similar basis to that of the MIB (Motor Insurance Bureau), which assists and provides compensation for victims of road traffic accidents where the defendant can't be traced or is uninsured.?
This is fantastic news. We cannot emphasise enough how happy we are for the families and victims of Mesothelioma, who will now be able to claim compensation, regardless of the existence of an insurer.? This will ease the struggle for those claiming compensation, which is often made harder by the fact that the insurers of their former employers are untraceable.?
But at once, while this delivers great news to sufferers of Mesothelioma , it is a bitter blow to those who have asbestosis, lung cancer caused by asbestos exposure or any other asbestos-related disease, because they have been excluded from the tariff scheme.? The effects of these diseases are just as deadly and are regularly terminal for sufferers.? We are extremely disappointed to see other asbestosis diseases excluded from the ELIB.? We have worked on behalf of clients who receive a fatal diagnosis of lung cancer with asbestosis whose ultimate fate is the same of the Mesothelioma sufferers, and it is sad to think they won't be able to be helped by this scheme.?
According to research, the cost of including all asbestos-victims in the scheme would have been about 18% of the total cost of the scheme, which is expected to pay out ?300m over the next 10 years.? This is because non-mesothelioma claimants must trace the insurers of all negligent employers, and some manage to find some insurers to pay part of their compensation, and also because compensation is much lower for non-mesothelioma claims such as asbestosis.?
APIL, the Association of Personal Injury Lawyers has also said the plans, which have been awaited for the past two years, could have gone much further.? The organisation's Chief Executive, Deborah Evans, has commented; "We welcome the fact that those people with mesothelioma who have for so long been denied any compensation through the courts will finally be able to receive something.?
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"We also welcome the fact that these proposals will quite rightly be funded by insurers, who have fought tooth and nail against giving any help to people in desperate need of it.
"But it is a missed opportunity to provide help for a much wider range of people with very serious asbestos-related diseases, and it stops short of providing victims with the full compensation which they need and which they would receive through the courts,? she said.
The start date of the scheme itself is also a source of contention and frustration - the scheme started from Wednesday 25 July, but as several legal representatives and journalists have pointed out, those sufferers struggling to be compensated because of difficulties locating insurers before that date will not be able to benefit from the scheme.?
At JMW Solicitors, our dedicated Industrial Disease team will always do its utmost to gain compensation for its clients and help those suffering from asbestos-related diseases to get the compensation they deserve.? For an informal chat, don't hesitate to get in touch with us on 0800 054 6570.?
Source: http://www.jmw.co.uk/blog/a-mesothelioma-win-and-an-industrial-disease-loss-at-the-same-time
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