Who Pays the Claim?
Since 1972 it has been compulsory for employers to take out insurance to indemnify them against claims by employees for industrial accidents and diseases. Prior to that date many employers chose to take out the cover voluntarily, for good business reasons. This means that even if your employer has ceased trading many years ago it is still possible to pursue a claim which will be paid by the insurers.
Many people had exposure to asbestos whilst working for Government Departments ( such as the MOD or the Ministry of Public Buildings and Works) or for Nationalised Industries ( such as Steel, Power, Shipbuilding or Gas). These claims are dealt with also, either under insurance arrangements or direct from Government funds.
Sintons LLP has a database of many hundreds of private companies and holds details of their insurers to maximise the prospects of a successful recovery of compensation.
Apportionment
Most asbestos related conditions are considered to be dose related. In other words, the greater the exposure, the greater the risk of injury and once injury arises, the greater the contribution towards injury. It follows therefore that where an employee has had more than one employer, it is necessary in the majority of asbestos related claims to seek recovery of damages from all employers where exposure occurred. If it is not possible for whatever reason to bring a claim against all such employers, this will result in a reduction in damages recovered. This legal principle is known as apportionment and was confirmed in the Court of Appeal decision of Holtby v. Brigham & Cowan (Hull) Limited (Click here for full judgment).
Mesothelioma and The Compensation Act 2006
The exception to this rule on apportionment relates to mesothelioma claims. It is now well established following the House of Lords decision in Barker v Saint-Gobain Pipelines Plc (Click here for full judgment) and the swift Government action that followed in the form of The Compensation Act 2006 (Click here for the full text of the Act) that because mesothelioma can develop as a consequence of minimal exposure to asbestos fibres and because it is impossible to determine which fibre is responsible for the subsequent develop of the tumour, each and every employer where exposure to asbestos arose, is deemed to have materially contributed to the risk of development of injury and is entirely responsible for the subsequent development of mesothelioma if it arises. Therefore, even if an employee had more than one employer where exposure to asbestos arose but where only one employer is still capable of being sued, that employee should recover damages in full if they should have the misfortune to develop mesothelioma.
NO Win NO Fee
Here at Sintons LLP we will discuss all funding options available to you. In many cases a No Win No Fee deal will be in your best interests. We will fully explain these arrangements to you and we GUARANTEE 100% recovery of compensation with no deductions if we win your case.
If you have received a diagnosis of an asbestos related condition within the last 3 years then you may have a good claim for compensation.
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