Processes Specific to Mesothelioma:
The claims process for all asbestos related conditions is the same as for other industrial diseases save for those claims relating to Mesothelioma. Due to the aggressive nature of mesothelioma there are two differences between claims for this condition and other conditions associated with asbestos exposure.
Mesothelioma and the Compensation Act 2006 – Apportionment
Compensation for the other asbestos related conditions is paid out on a proportionate basis with each defendant paying out for their percentage of the overall exposure. However, as the level of asbestos exposure necessary for a person to contract mesothelioma is so small each and every employer who was involved with exposure is deemed to have materially contributed to the risk of development of the injury. Therefore, if a person was exposed by four employers but it is only possible to bring a claim against one of them then that one pursuable employer will be responsible for paying out the whole amount of compensation.
Mesothelioma Fast Track – Court Procedures
This has been created due to the predicted short life expectancy of suffers of this condition. The purposes of the fast track procedure is to ensure that claims for mesothelioma are dealt with as swiftly as possible by the courts to ensure that compensation is paid out either as an interim payment or in full as quickly as possible.
Judges experienced in dealing with this kind of claim are put in charge of cases. They will consider if there are likely to be any issues in regard to the defendant’s liability and if not they will order that an interim payment be made to the claimant by the defendant.