Anger over mesothelioma exclusions
Several MPs have signed an Early Day Motion (EDM) describing the decision to exclude many asbestos victims from a compensation scheme for mesothelioma sufferers as “unacceptable, untenable, unjustifiable and arbitrary”.
While welcoming the introduction of the Mesothelioma Bill, which was announced in the Queen’s Speech, the EDM criticises the Government’s decision to exclude half of all asbestos victims who were diagnosed before 25 July last year — the date on which the Minister for Welfare first announced details of the intended scheme.
The Bill will establish the scheme, which will be funded by insurers, to help certain mesothelioma victims exposed at work who are unable to trace a solvent employer, or insurer to claim against.
According to the Government, over the next ten years around 3000 sufferers will receive payments of more than £300 million in total.
A simpler, more streamlined claims process should also ensure that where an employer, or insurer is successfully traced compensation is paid within three months, and in three to five months where no employer, or insurer is traced. The Ministry of Justice will be consulting on this aspect later in the year.
The EDM’s sponsor, Alan Meale MP, has tabled another related motion, which seeks to remedy “the historic failure of insurance companies to maintain records of employers’ liability insurance, which has led to those suffering from long-latent asbestos-related diseases whose employers are no longer trading, and who have unable to trace their insurers, going for decades uncompensated”.
This EDM calls for the eventual Mesothelioma Act to contain an employers’ liability scheme, which would provide an insurance fund of last resort to pay full compensation to those suffering from asbestos-related diseases.
Personal-injury lawyers, meanwhile, have criticised a potential move that would see an insurer-owned body administer the scheme. Highlighting concerns about a possible conflict of interest, Karl Tonks, from the Association of Personal Injury Lawyers, said: “This scheme has much to commend it, but where is the independence if an insurance body is appointed to run the scheme, and insurers are also funding it? Where is the protection for the victim?”
He added: “The scheme is to be established by the Secretary of State but this does not guarantee long-term consistent, impartial oversight of its day-to-day business. If the decision is made to allow insurers to run the scheme, a new body must be established to review its work and ensure it is operating fairly and in the best interests of the victim.”
To help speed up the legal process, the insurance industry wants to build an online portal for mesothelioma sufferers to register claims.
Speaking after the Mesothelioma Bill was announced as part of the Queen’s Speech, Otto Thoresen, director-general of the Association of British Insurers (ABI), said: “The insurance industry wants to do all it can to help sufferers and has worked with the Government on this package of measures that will deliver help to claimants much faster, including to those who would otherwise go uncompensated.”
Anger over mesothelioma exclusions
Several MPs have signed an Early Day Motion (EDM) describing the decision to exclude many asbestos victims from a compensation scheme for mesothelioma sufferers as "unacceptable, untenable, unjustifiable and arbitrary".
Safety & Health Practitioner
SHP - Health and Safety News, Legislation, PPE, CPD and Resources