In today’s Queen’s Speech proposals were outlined to
introduce changes to the existing compensation arrangements for
mesothelioma sufferers. In particular,
it was confirmed that the Government will
amend the existing "Pneumoconiosis Scheme" using the
forthcoming "Child Maintenance and Other Payments Bill".
The Bill will extending the categories of people suffering from
mesothelioma who can claim a lump sum
payment under the Pneumoconiosis etc (Workers' Compensation) Act
1979. The current scheme allows employees to claim a lump sum
payment when the employer has disappeared and no insurers can be
traced. Although the scheme pays out much less than the full amount
that a court would award, it does provide a quick and sometimes
substantial payment to eligible employees or their bereaved widows.
The new arrangements will allow payments to be made to people who
were not exposed in employment, such as laggers' wives who did not
work with asbestos themselves but who inhaled asbestos brought home
on their husbands' clothes.
Andrew Morgan, Partner in the
Asbestos Claims Department at Field Fisher
Waterhouse, commented:
"We have known for some time that the Government intended to
extend this scheme more widely and we are glad that this commitment has lasted this long and is
likely to become law. This is good news for
those suffering from mesothelioma who have no claim in law, such as
those exposed to asbestos brought home on clothes or escaping from
asbestos factories before 1965. However, where there is a good
claim but no employer or other exposers can be traced and where
there is no insurer to back it up then this arrangement remains a
poor second to full damages awarded in court. The onus remains on
the insurance industry to get their house in order to ensure good
claims are properly covered by insurance.
The Bill will also allow lump sum payments to be recovered
from any subsequent award of compensation at court. This change
will also stop insurers benefiting from these payments at the
expense of
mesothelioma claimants as they do at
present".
For further information contact Andrew
Morgan, Rodney Nelson-Jones or
Peter Williams on 020 7861 4000.
You can find out more information about how we can help making
an asbestos compensation claim by using
the link provided.
Field Fisher Waterhouse LLP is a leader in the field of mesothelioma claims. In 2006, our Asbestos Claims Department recovered over £10
million in compensation in over 80 cases for victims of
asbestos-related diseases. Over the past 25 years we have recovered
over £100 million compensation for asbestos victims.