House of Lords ruling about asbestos claims is overturned

Following a national outcry, the law has been returned to a 2002 House of Lords ruling which makes an employer fully liable for personal injury compensation for people who suffered asbestos-related illnesses following exposure in their workplace, even if the claimant had been exposed to asbestos by other employers as well.

The new ruling means that separate asbestos claims will not need to be made against each employer who exposed a worker to the dangerous fibres, instead allowing just one claim to be made against one of the employers.

Lobbying for full asbestos compensation
After the 2002 ruling was revoked in May 2006, lobbying groups vowed they would fight for the full compensation to which the widows of men who have died were entitled to ensure their welfare was protected. They believed that this change would mean asbestos claim figures would be an insult to families involved, especially in the case of a fatality.

Nick Starling of the Association of British Insurers said at the time of the asbestos claim ruling, "This is a very detailed and complex judgement and the industry will study it carefully to examine the implications for claimants and insurers."

The group Justice for Asbestos Victims expressed its disappointment, saying that it was a backwards step and an unjust move that robbed asbestos sufferers of due compensation that could otherwise provide support for them and their families.

According to the 2002 ruling, an employer who knowingly exposed a worker to asbestos without taking proper safety precautions could be held 100% liable, even if the employee had worked for several companies and it couldn't be proven who exactly was responsible.

This decision was then amended as it was deemed impossible to determine which employer was at fault if several were involved.

The recent government announcement that it would amend the Compensation Bill to reverse the ruling, thereby slashing payments dramatically, has brought the matter around in a full circle back to the original 2002 decision. The move was applauded by groups supporting asbestos workers, who particularly refer to "inexcusable negligence" in compensation claims against former employers.

The TUC supports the decision
The Trades Union Congress (TUC) general secretary Brendan Barber said, "The government is to be congratulated for acting to change the law so speedily.had this decision been allowed to stand, the victims of this terrible disease and their families would have had to wait an intolerable amount of time for compensation, and would only have been eligible for a fraction of the compensation they should have received."

The TUC brings all the unions in the UK together and actively fights for workers' rights across the country. It campaigns on economic and social issues, representing workers in international and EU groups, and builds links with trade union groups worldwide.

More information can be found at www.tuc.org.uk.

How to make an asbestos claim
We can help if you or a member of your family has experienced asbestosis, mesothelioma, emphysema or any other asbestos-related illness due to exposure in the workplace or during an industrial accident.

Our team are experts in handling personal injury compensation cases and can talk you through the asbestos claims process sensitively, in plain English and using without legal jargon.

There are absolutely no costs or fees associated with making an asbestos claim through YouClaim, no matter what the outcome, and you will receive every penny of any compensation awarded to you.

When your ability to work and maintain a living is destroyed through the negligence of an employer and through no fault of your own, you have a right to claim compensation. Call us now on 0800 10 757 95, send us a call back request or talk to us online and we will provide free legal advice and further information about making an asbestos claim.