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Calls for Changes to Insurer Tracing Scheme

 

In a recent submission to the DWP, our lawyers called for the current methods of tracing pre-1999 employer liability insurance policies to be scrapped and replaced by a more efficient system.

Tracing Employers’ Liability Insurance

Often, in making compensation claims for the victims of industrial diseases, including asbestos related illnesses, it is necessary to trace the insurers of an employer that is no longer in existence.

Currently, the ABI operate a tracing scheme, whereby a search for insurance details can be carried out under the name of the employer. At present the scheme has a success rate of around 25% in tracing details of pre-1999 policies.

Calls for an Independent Scheme

The Legal Line’s lawyers, Thompsons Solicitors, feel that this success rate is not sufficient. Following a review of the Employers’ Liability (Compulsory Insurance) Regulations 1998 by the DWP, they called for the ABI scheme to be replaced by an independent scheme, implementing a central database similar to that presently used for motor vehicle insurance.

Our view is that the rights of employees to claim compensation, if they have suffered a personal injury or illness due to their employers’ negligence, should be protected. An effective way of tracing insurers is fundamental to this.

Tom Jones, Thompsons’ director of policy and public affairs, commented: “The ABI scheme is hardly worth having without substantial reform. Real reform won’t happen as it isn’t in the interests of the insurers to be identified. It is ineffective where it hurts people most, in long-tail disease claims where the terminally ill have little time left.”

He went on to say: “Insurers have the information claimants need and they should be made to live up to their responsibilities. It should be run under the auspices of the Compensation Act regulator or the Compensation Recovery Unit.”

Our Specialist Lawyers

The Legal Line’s solicitors act only for claimants, never for employers or insurance companies. We believe that it is in the best interests of our clients to remain completely independent and offer the best service available.

Our lawyers are highly experienced in all areas of personal injury, industrial disease and clinical negligence, so can offer expert advice on a cost free basis. If you require assistance with a personal injury claim, contact us on 0800 0328511, or complete a compensation claim enquiry form online.