header-logo header-logo

07 September 2012 / Karl Tonks
Issue: 7528 / Categories: Features , Damages , Personal injury
printer mail-detail

Room for improvement

Plans to help sick & dying workers must go further, says Karl Tonks

Plans for a fund of last resort to compensate workers with asbestos-related lung cancer mesothelioma are a significant step in the right direction.

But while the fund will provide much needed redress to many sick and dying workers, the proposals still fall short of ensuring that all innocent victims of industrial disease are compensated properly.

The Association of Personal Injury Lawyers (APIL)  has campaigned for more than a decade for the introduction of a workplace fund of last resort, also known as an employers’ liability insurance bureau.

Such a fund is needed because the onset of symptoms for long-tail diseases, such as mesothelioma, can occur decades after a worker has inhaled asbestos fibres. Because of the historic nature of these claims, it can be impossible for a victim to trace his employer, and his employer’s insurer, to bring a claim.

Consistently argued

APIL has consistently argued that insurers should not be allowed to dodge their responsibility of paying compensation simply because policy documents cannot be traced. It is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll