среда, 3 ноября 2010 г.

CoA decision means lottery for claimants

Asbestos victims are facing uncertainty as to whether they will be compensated for the mesothelioma they have developed, builders liability insurance holders have been informed.

On October 8th this year, Court of Appeal (CoA) judges failed to decide who was required to pay claims, Chroniclelive.co.uk has reported.

Currently, asbestos victims have to find their former employee's insurer if they want to make a claim, builders liability insurance holders have been told.

Many companies are hesitant to pay out, arguing that when the claimants were first exposed to asbestos they did not have any symptoms, absolving them of responsibility.

In the Court of Appeal, judges ruled that only in certain instances is the employer's insurer required to pay compensation to sufferers of industrial illnesses when symptoms emerge.

In this situation, companies or insurers may no longer be operational, meaning that victims have no-one to take claims to.

Lawyer Roger Maddocks said: "This decision adds another level of uncertainty to what is already a complicated legal claim and makes it even more of a lottery for claimants."

Every year around 4,000 Britons die from asbestos-related diseases, according to the Health and Safety Executive.

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