Leading asbestos disease claims specialist comments on controversial Government plans
7 August 2008
Asbestos disease claims specialist fears a proposed change to current regulations would result in a barrier to compensation
Ashton Morton Slack is disappointed to learn of the Government's controversial plans to remove the requirement for companies to retain details of liability insurance policies, due to the burden it places on companies.
This move could severely hinder Claimants in their search to trace details of their former employers' insurers. In the case of some asbestos conditions such as mesothelioma and asbestosis, where the latency period can be up to 60 years, this could add a real hurdle to tracing the insurers on risk at the time of the victim's employment. This could quite feasibly result in such workers being unable to seek redress for the damage caused to their lives through the negligence of their former employers.
Fortunately the Government's move is strongly opposed by asbestos support groups, personal injury lawyers and backbench MPs, who have expressed "profound disappointment" at the decision to repeal the current regulations which require the retention of this information for 40 years.
A counter-proposal would involve the setting up of a statutory electronic central database to retain policy details, before the proposed repeal of the regulations. This would mean that sufferers of asbestos and other occupational illnesses ought at least to be able to trace the relevant, responsible insurers.
Isobel Lovett, solicitor specialising in asbestos disease claims commented:-
"It remains to be seen whether Gordon Brown's government will support the big business interests behind the insurance industry in their quest to save on their compensation bills or the interests of Claimants and their families who are living with the consequences of their former employers' disregard for their health."
Should you wish to receive further information regarding this article please contact Ashton Morton Slack on 0114 275 2888 and ask to speak to a member of the Occupational Disease Team.