Recent developments in the laws on compensation for the victims of mesothelioma, a fatal cancer caused by exposure to asbestos, have been a great concern to many sufferers and their families.
A decision made by the House of Lords in May 2006 meant that those affected may no longer be entitled to full compensation in cases where not all of the defendants can be traced or have traceable insurers.
Our lawyers acted for one of the claimants in the case at the centre of the matter, the test case known as Barker, and were involved in a campaign to have the government reverse the decision.
Although it has now been agreed that an amendment to the Compensation Bill will be brought in to restore the right to full compensation, it is imperative that action is taken quickly and the amendment comes into effect as soon as possible. There is a limited time period within which to make a claim for an injury or illness and some cases may run out of time, therefore making it important that the amendment covers present as well as future claims.
Barbara Sharp’s husband Ronnie died from Mesothelioma aged just 59. He was employed as a scenic painter during the 1960s and 1970s and was exposed to asbestos by several employers during this period.
As some of these companies have been dissolved and did not have insurance in place, Mrs Sharp may only be in a position to recover a percentage of the full compensation amount. She commented:
“No amount of money will bring back my husband Ronnie. However, his former employers, who exposed him to the asbestos that killed him, should be made to pay full compensation. Only one of the three employers who exposed him can be traced and was insured, and until the ruling is reversed they will only have to pay a percentage of the compensation claim.”
“This battle has spoilt Ronnie’s memory. I didn’t expect to have to fight insurance companies when I should be grieving. I certainly didn’t expect to lose my husband, my children’s father, so young due to the negligence of his former employers. If the Barker decision is not reversed quickly, they will escape full punishment.”
Our lawyers are specialists in all areas of personal injury, including industrial disease, and have a dedicated team to assist victims of illnesses caused by asbestos. If you or a member of your family have been affected, The Legal Line may be able to help you. Contact us on 0800 0328511, or complete an online claim enquiry form for cost free advice and assistance.