Personal injury victims deserve a guarantee that their compensation needs will be met, says Richard Scorer
Mesothelioma, a cancer of the lining of the lungs caused by exposure to asbestos, may not develop until as much as 40 years after the original exposure. Often, by the time the disease is diagnosed, the employer has gone out of business. This means that for many victims of industrial diseases, winning a compensation claim in the courts is only half the legal battle. Getting paid out by the defunct company responsible for causing the disease can be at least as difficult.
A traceable history?
Getting paid out often depends, of course, on the availability of employers’ liability (EL) insurance—which in turn depends on whether or not the EL insurer from the relevant period can be traced. The Employers Liability (Compulsory Insurance) 1969 Act came into force in 1972 and since then, all employers have been required by law to have in place insurance to pay compensation if the employee has an accident or develops a disease as a result of work.
