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In November 2009, UK insurance companies were criticised for their ineffectiveness in finding policy details in relation to mesothelioma lawsuits.
According to Lord McKenzie of the Department for Work and Pensions (DWP) the voluntary scheme for tracing insurers, run by the Association of British Insurers (ABI), was "not delivering" and its inability to trace policies relating to asbestos exposure cases, where workers have since developed mesothelioma or other asbestos-related diseases, was unacceptable.
Before 1972 it was not compulsory for an employer to have liability insurance to cover accidents or work injury that might befall its employees, and it has since become apparent that workers diagnosed with an asbestos-related illness who were exposed to asbestos prior to that date may have more problems when it comes to making a claim for compensation.
Tony Whitston, of the Asbestos Victims Support Group, said, "The true value of proper compensation for dying asbestos victims is a sense of justice done and the solace that they are providing for those they leave behind. Robbed of their lives through no fault of their own, insult is heaped on injury as they fall back on taxpayer-funded, nominal, government compensation while insurers walk away from their liabilities with their back pockets stuffed with cash. This is utterly shameful."
A case study reported in The Independent told of a worker, exposed to asbestos in his employment as a welder and metal worker, who was diagnosed with mesothelioma late in 2007. When he instigated his mesothelioma lawsuit he was initially told by the ABI that the insurance company which had covered his former employer could not be found. However, when his personal injury solicitor put in a further request for the ABI to trace the insurer, the policy details were found and his renewed claim saw a damages payment of £140,000 awarded to the former employee.
The mesothelioma sufferer said, "My case proves that the insurance scheme for trying to trace policies doesn't work. It is totally hit and miss."
An ABI spokesperson commented, "We would refute totally any suggestion that insurers are looking to profit by denying people compensation. The insurance industry is committed to providing compensation to mesothelioma victims."
Pursuing a mesothelioma lawsuit with YouClaim
The case study highlighted above shows the value of a good mesothelioma compensation solicitor in securing a damages payout from your compensation claim.
The no win, no fee solicitors at YouClaim are all highly experienced and successful in this field of litigation. We possess strong investigative skills and believe passionately that if you were negligently exposed to asbestos then your employer should be liable for your compensation.
We will do all that we can to secure you a 100 percent compensation award and we do so under a guaranteed no-win no-fee arrangement, so that you will be protected from all legal fees and costs - even those of your employer's insurance company.
Our promise to you is that you will not be charged - win or lose.
If you wish to talk to someone about mounting a mesothelioma lawsuit you can call YouClaim free of charge on 0800 10 757 95. Alternatively, you can have an echat, fill in our online claim form on the right on request a call back. Here at YouClaim, we are ready to help.
