When a person is injured or made ill as a result of the negligence of their employer, they would normally make a claim for civil damages from the employer. However, some victims of industrial disease are finding it impossible to trace their employers’ liability policy to make a claim. This is because industrial diseases can take years to manifest themselves: Mesothelioma, a deadly form of lung cancer related to asbestos exposure is often not apparent until 30-50 years after exposure but kills its victims within 18-24 months of diagnosis.
Because the disease takes so long to emerge, it is often the case that the employer at the time of asbestos exposure has ceased trading and the insurance documents may have been lost or disposed of. This means that many Mesothelioma victims are unable to claim the compensation to which they’re entitled. It was estimated that the number of industrial disease victims who were unable to trace their employer’s insurance policy and therefore unable to claim, was estimate to be over 3,000 in 2008.
The Association of Personal Injury Lawyers (APIL) and campaigners hope to see the implementation of a fund of last resort which would act as a safety net for those people who cannot claim compensation because they cannot trace their employer’s insurers. They would also like to see the introduction of a compulsory database of employers’ liability insurance policies.
Campaigners are strongly urging the new government to continue with plans for a designated employers’ liability insurance tracing office to help track down insurance policies. The Department for Work and Pensions recently set out plans for the tracing office, which will include an electronic database holding details of insurance policies.