Sheffield Solicitor reviews report into asbestos compensation claims
12 May 2008
A Sheffield Solicitor who specialises in claims for victims of asbestos related cancer comments on a new route to compensation, but warns that claims face strict time limits.
A recent news report gives cause for concern for sufferers from malignant mesothelioma, a cancer which is caused by exposure to asbestos fibres, and for which there is presently no cure. This form of cancer usually develops in the lining of the lungs, though it can also occur in the lining of the abdomen or heart. This terrible disease can develop between 10 and up to around 60 years following exposure to asbestos. It affects a vast cross-section of workers in a variety of trades owing to the widespread use of asbestos as a fire-proofing and insulation product, until it was banned in the UK in 1999.Under the Pneumoconiosis etc. (Workers Compensation) Act 1979, anyone who has developed this illness as a result of being exposed to asbestos at work, may claim a lump sum payment from the Government, as the illness is classed as an industrial injury. However, if the relevant employer is still in business, applicants are expected to pursue civil claims for compensation first, the scheme being designed as a "last resort" for compensation.
However, those who develop malignant mesothelioma as a result of being exposed to asbestos through the work of others, for example, where asbestos dust was brought home on work clothes, or who were exposed to asbestos dust by virtue of living near or being in buildings where asbestos products were used or produced, are currently unable to claim a lump sum payment under this Act.
Thankfully, this anomaly may soon be rectified as pressure has been brought to bear upon the Government to widen the ambit of this scheme to allow any sufferer of malignant mesothelioma to apply for a payment under the Act. The proposal to bring in compensation for non-workers is included in the Child Maintenance and Other Payments Bill now going through Parliament, and likely to receive Royal Assent soon.
However, it seems that the Government is considering imposing a time limit on non-workers making a claim under the Act so that those patients will only have 12 months from diagnosis to make a claim.
It is understood that no final decision has yet been taken on the proposed time limit, though if it is imposed, it could mean that thousands of patients who have already been diagnosed with this terrible illness, lose out on compensation for an incurable disease.
Isobel Lovett, a Solicitor at Ashton Morton Slack, specialising in asbestos disease claims said:-
"I was encouraged to hear last year that the Government proposed to extend the scheme to make lump sum payments to those unfortunate enough to develop malignant mesothelioma by being exposed to asbestos dust or fibres at home or elsewhere in their environment, though no fault of their own.
It is not uncommon, for example, for women to develop this terrible illness from laundering their partners' work clothes. By the time the illness materialises, many of the employers responsible have gone out of business and in some cases, it is impossible to trace their employers' liability or public liability insurers, leaving the victim without compensation.
It is disappointing, therefore, to learn that the Government may in future restrict the ability of non-workers to be compensated for this cruel disease, which can be difficult to diagnose.
The difficulties which the sufferer and their family already have to face in coping with the illness and its impact are enormous and the imposition of a strict one year time limit will simply place added pressure on the people affected. It would not be surprising if in many cases the time limit is missed and people will not receive the compensation they are due.
I sincerely hope the Government will not impose this time limit so that non-workers and workers who develop malignant mesothelioma are treated equally in the eyes of the law. Time will tell...".