Construction union UCATT has pledged to campaign vigorously in order to overturn a decision announced in the Court of Appeal today (October 8th), which will mean that thousands of dying asbestos victims will be barred from claiming compensation.
The Court of Appeal has ruled in favour of a case brought by the insurance industry. Under the “trigger issue” case, the insurance industry successfully argued that the insurer(s) at the time a worker was exposed to asbestos, were no longer liable to compensate the victim. Instead the trigger for compensation should be when symptoms developed and the insurer at that time should be liable.
In most serious asbestos related illnesses, such as the incurable lung cancer mesothelioma, there is around a 30-year latency period between exposure and the disease developing.
Many victims develop asbestos diseases after retiring from work. If the Appeal Court judgement is allowed to stand, they and their families will not be able to claim any compensation, saving the insurance industry billions in compensation.
Alan Ritchie, General Secretary of UCATT, said: “This decision is disgraceful and perverse. This is not justice. Victims who were needlessly exposed to asbestos, will be prevented from claiming compensation, leaving the victim and their family destitute.”
The Trigger case issue was originally brought by the insurance industry in June 2008 and the courts originally found against the insurance industry. The insurers then appealed and took the case to the Court of Appeal. It is expected that there will now be a further appeal and the case will progress to the Supreme Court.
Mr Ritchie, added: “The Supreme Court must act swiftly and restore confidence in the judicial system, by overturning this judgement. Hundreds of people are having their cases delayed because of this decision. Sadly many of them will die before the trigger case can be resolved and compensation restored.”
It is feared that if the decision is not overturned then the insurance industry will use the judgement to dismantle most forms of occupational injury and illness compensation.
UCATT will be campaigning with sympathetic MPs, unions and asbestos support groups in order to have the trigger issue decision reversed.
Natascha Engel MP for North East Derbyshire, said: “The minimum that asbestos victims and their families deserve is to receive compensation. It is simply wrong that the courts could consider preventing this basic form of justice, it is clear to me that there would be no disease without the prior exposure to asbestos and in almost every case this is a result of negligent employers and insurers ”
UCATT originally raised the trigger case issue at Labour Party conference in 2008 and warned of the consequences if the insurers case was upheld.
UCATT represents members employed in the construction industry throughout the United Kingdom and the Republic of Ireland
Over 2,000 people a year die from mesothelioma and death rates in the UK are not expected to peak until at least 2016.
Source: UCATT
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Yet another sickening blow for asbestos victims and those fighting for justice on their behalf.
Although they let down pleural plaques victims badly, the Labour government came to the rescue of mesothelioma victims with the Compensation Act after Fairchild. This government must intervene in a similar manner with primary litigation in the event that any Appeal is unsuccessful.