What are the implications of the 2012 asbestos claim ruling?
You may be aware of a Supreme Court ruling in March 2012 which had a significant effect on those making an asbestos serious illness claim for compensation for diseases resulting from asbestos exposure in the workplace. Here at Accident Advice Helpline we give you the key facts.
Asbestos serious illness claim facts
Asbestos-related disease causes more than 5,000 deaths every year.
Mesothelioma, is cancer of the lung lining, of which exposure to asbestos is only known cause, it usually takes from 20 to 50 years to develop. The number of people affected by mesothelioma is still rising and is expected to peak around 2015.
Supreme Court ruling
In March 2012, after six years of legal battles and indecision, the UK Supreme Court made a ruling which brought clarity to the asbestos claim issue. The court stated that the disease mesothelioma can be said to have been “sustained” by an employee at the time that he or she was exposed to asbestos; a change from earlier rulings which had placed insurance liability later, at the time when symptoms of mesothelioma develop.
This ruling, welcomed by the Association of British Insurers, means that employees can claim compensation for asbestos-related illnesses or diseases such as mesothelioma many years after they were exposed to it in the workplace. This could lead to an increase in the number of people making an asbestos serious illness claim for compensation on behalf of family members who contracted mesothelioma and is a decision which will affect not only those who already have an asbestos-related illness, but also those who will be diagnosed in the future.
How can we help with an asbestos claim?
Accident Advice Helpline is one of the country’s leading claims management companies with over ten years’ experience in dealing with personal injury compensation cases, many of which involve work-related accidents or illnesses. In seeking compensation for asbestos exposure through AAH, you will benefit from:
- An established network of hundreds of solicitors who operate on a no win, no fee basis
- Access to lawyers who specialise in asbestos claim cases
- An advice helpline available 24/7
Who will pay your asbestos claim?
Every UK company is legally obliged to purchase indemnity insurance. This means that if an employee sustains an injury at work or develops a disease or illness as a result of exposure in the workplace, the employer is protected, as their insurance company will pay any compensation due.
How to go about starting your asbestos claim
It is easier than you think to start a claim for compensation for an asbestos-related disease such as mesothelioma:
- Speak to one of our friendly advisors on 0800 689 0500 and explain that you want to make an asbestos claim
- Though you may need to attend at least one additional medical assessment, most claims can largely be processed by telephone
- It is likely that you will not need to attend court
- You can claim for any expenses you have incurred as a result of your asbestos-related illness (so keep all receipts which can be used as evidence to support your claim)
Date Published: 10th February 2013
Author: David Brown