Legacy of Asbestos Exposure

THE legacy of exposure to asbestos is thousands of deaths every year. Here BHP’s Louise Scott takes a look at the legal implications of the issue.

ASBESTOS-RELATED diseases - mesothelioma, asbestosis and lung cancer - are believed to kill at least 3,000 people a year.

This figure is expected to rise to 10,000 by 2011.

The people who will die because of exposure to asbestos have already inhaled the fatal dose of asbestos fibres.

It can take anywhere from 15 to 60 years after first exposure before the development of the fatal disease.

For many years it was accepted that the insurance company providing insurance to the employer at the date of exposure to asbestos dust should be responsible for payment of compensation.

However, two years ago a decision of the Court of Appeal in connection with a different type of legal dispute led some insurers to argue that the insurance company providing cover at the time the disease developed should be responsible for paying compensation.

In reality this would have meant that in very many cases compensation was not paid. Most of the companies involved had ceased to exist by the time former employees’ illnesses developed and so there was no insurance in place.

A recent High Court verdict rejected the insurance companies’ attempt to deny compensation.

Although their argument failed, some insurers stopped paying compensation to claimants whilst the case was being argued, leading to financial hardship.

In many cases the victim died before compensation could be received.

For many insurance companies their liability to pay compensation to victims of asbestos related illness is a potential time bomb.

If they had been successful they would have saved billions of pounds and even more victims would have lost out on much needed and deserved compensation payments.

Given the economic crisis, which has hit the insurance industry hard, the insurance companies are likely to continue to do everything they can to avoid the responsibilities they took on when they sold their policies many years ago.

If you are worried about asbestos related disease, contact your GP, particularly if you have breathing problems.

You should ask for a chest x-ray if: you have had prolonged exposure to asbestos (or think you have); have had ‘burst exposure’ (a very heavy concentration) to asbestos for short periods; you are an immediate family member of people who have worked in asbestos-related industries, even if they have no symptoms.

If you are diagnosed with an asbestos related disease you should contact a specialist solicitor immediately.

Source: Evening Gazette