Thousands Of Terminally Ill Workers Will Die Before Receiving Compensation

Posted: 16/04/2012 18:42 Updated: 16/04/2012 18:42   PA

Ministry Of Justice
The Ministry of Justice has blamed lack of funds on the delays

Thousands of terminally ill workers will die before getting the compensation they deserve because of delays to a new law aimed at addressing the problem, a legal expert has said.

The "disgraceful" wait for the legislation being implemented, which will see insurance companies benefit while victims suffer, has been blamed on a lack of funds by the Ministry of Justice.

In 2010 the law was changed to make it easier for ex-employees to sue for damages but it has not been brought into force, and a report says it will not come into effect until next year at the earliest.

Almost 5,000 people a year die from asbestos-related diseases and compensation expert Chris Shaw, a Newcastle-based solicitor, said: "It's disgraceful because they are terminally sick and they need that money.

"Insurance companies are the only ones profiting from the delay."

The Third Party (Rights Against Insurers) Act was passed in 2010 to make it easier for claimants to sue if their former employers have gone out of business.

Asbestos-related diseases such as mesothelioma can take 30 to 40 years to develop, by which time many firms have ceased trading.

The new law will make it possible for people to claim from the defunct companies' insurance companies, cutting down the time taken to litigate.

But a recent report by the Ministry of Justice has said "implementation of the Act has been delayed by work on other priorities".

Mr Shaw said: "It's a terrible state of affairs, and the government needs to rethink its decision. Tragically, many of these people do not have the luxury of being able to wait.

"The whole point of changing the law was to make it easier for people to get justice before they passed away."

Nick Starling, director of general insurance at the Association of British Insurers said: "The ABI firmly supports the Third Party (Rights Against Insurers) Act and has consistently said so in its responses to Government consultations.

"Insurers are committed to paying claims as quickly as possible and there is no benefit to them in having this legislation delayed."

A Ministry of Justice spokesman said: "We want to cut down red tape and speed up the legal process so those with genuine asbestos-related illnesses can obtain compensation quicker without unnecessary barriers.

"We are working to find the best solution to ensure this happens."

FOLLOW UK

Thousands of terminally ill workers will die before getting the compensation they deserve because of delays to a new law aimed at addressing the problem, a legal expert has said. The "disgraceful" ...
Thousands of terminally ill workers will die before getting the compensation they deserve because of delays to a new law aimed at addressing the problem, a legal expert has said. The "disgraceful" ...
Filed by David Hobbs  | 
 
 
  • Comments
  • 30
  • Pending Comments
  • 0
  • View FAQ
Post Comment Preview Comment
To reply to a Comment: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to.
View All
Favorites
Recency  | 
Popularity
photo
HUFFPOST SUPER USER
Ann Cornell
03:48 AM on 06/04/2012
its what workers comp want us too before we're awarded benefits for the damage brought on at work while working. joke right?
04:11 PM on 04/17/2012
One did not have to be a soothsayer all those years ago to know that the government and their surrogates would delay and delay in the hope that many would be dead before compensation arrived.

It mathematical terms it perhaps may be called extrapolating the graph of experience, and this is something which only the University of Life can teach, or being an MP within that exclusive club of whispers, subtle comments and an invite to chambers for a glass of sherry to encourage one to keep ones mouth shut and gain ones ill deserved Knighthood.
photo
HUFFPOST SUPER USER
Saint wright
Dyslexic old chippy
07:53 AM on 04/17/2012
Untied Kingdom, not for Pleural Plaque suffers?
They say England is part of the United Kingdom; well people suffering from asbestos related lung condition Pleural Plaques, living in Northern Ireland will be able to seek compensation from next week due to new legislation. The legislation reverses a House of Lords, decision of 2007 & backed by the New Labour Goverment, which ruled victims in the UK could not claim compensation.
Scotland is already paying its pleural plaque suffers compensation, following action by its MP’s, Wales is said to follow. So why are, English people with the same complaint, deigned the right to claim compensation, if it is a Untied Kingdom?
1 in 10 people with Pleural Plaques go on to have mesothelioma and other related Asbestosis diseases which are now killing more people each year than road accidents in the UK, through exposure in their youth to asbestos based products in their place of work, through no fault of their own.
photo
HUFFPOST SUPER USER
Saint wright
Dyslexic old chippy
07:52 AM on 04/17/2012
Each year the UK government & our Councils spends hundreds of millions pounds on road safety static and mobile speed cameras & rightly so to cut down on the 2000 deaths recorded each year caused by traffic accidents. Well the death per year from the 3 main Asbestos diseases was 4652 in 2009 and expecting to rise to 10,000 according to HSE own figures by 2020. So deaths from Asbestos are already killing twice as many as road accidents and could go as high as 5 times as many, yet Government and Councils spend little on its prevention, cure, compensation or removal compared to Road Safety?

89 mostly ex building workers are dying of asbestos related illness, 1 in 4 carpenters born at work before 1980 die of it.I was diagnosed with Lung damage do to asbestos before christmas and i am scarred to death, though only pleural plaquaces so far?
09:52 AM on 04/17/2012
Hi old chippy, hope you are keeping better, the problem
with asbestos is that younger workers do not always
spot the asbestos, though it was used in many products.
Some ceiling tiles had asbestos in them, i walked into
a school several years back, looked up and too my horror
spotted these tiles in a long hallway.
I reported this, and the same day the tiles were tested,
two days later they were removed.
These were the perforated tiles, the fibres fell through
the tiny holes.
The problem is how many buildings have similar tiles.
wes
Kraptonfactor
They're coming to take me away ha ha, hee hee, ho
11:31 AM on 04/17/2012
Wes, what happens to the asbestos that is removed, is there a safe way to dispose of it?
photo
HUFFPOST SUPER USER
Saint wright
Dyslexic old chippy
05:33 PM on 04/17/2012
Chest & back better now found the right pain killers? The bloody drug given for broken back to strengthen bone has given me gout, how painfuls that? Changing my name to Lucky wright?
Kraptonfactor
They're coming to take me away ha ha, hee hee, ho
11:24 AM on 04/17/2012
How did carpenters come to be affected, wrighty?
photo
HUFFPOST SUPER USER
Saint wright
Dyslexic old chippy
05:30 PM on 04/17/2012
most fire protection up to 1985 was asbestos based, firedoors were filled with the stuff, column and beams were clad with it, ceilings and tiles, could provide up to 4 hrs FP. all cut and fixed on site, given of fatal clouds of killer dust?
07:42 AM on 04/17/2012
This is the idea of the new laws. A dead man cant claim...........
08:44 AM on 04/17/2012
, they can still persue a claim, even when not here, but true , without a medical of some description , its tough, and at this moment i have my dad at post mortem, having samples took off his lungs, its a pressure and extra stress , believe me , you dont need, shocking
11:46 AM on 04/17/2012
Im on your side. Please do not take what I said wrong. I just do not trust the UK government........
04:41 AM on 04/17/2012
Surely that's the whole point of delaying this legislation?
12:06 AM on 04/17/2012
Whta happned to my truthful comment this time Huffpost sensor , too long or too honest ???
08:40 AM on 04/17/2012
hi ,probably too honest , i put a comment which was truthfull , after dad died last week and didnt get shown , no racism , or honest comments on here, so just a good comment site, for something as serious as this topic is a absolute disgrace ,moderators should feel ashamed, i hope it dont happen to there parents, i wont give them time of day
08:47 AM on 04/17/2012
they wont even let me reply to your comment, they sure dont like the truth, moderators ought to be ashamed , on such a serious topic
11:59 PM on 04/16/2012
Hugh Albert.
It is seemmingly Uk government policy to settle their extortionate expenses claims, faster then they deal with genuine compensaation claims, by genuinely deserving cases. My wife`s father was a soldier on Christmas island . and despite the international recognition of the damage done to these men , who were basically exposed to radiation to establish the effects., in the UK , all have been allowed to die, without recognition. The effects are well known to Westminster , and the same effects, are an undeserved endowment to the the families of the men who served there. I was married to this mans daughter for many years , and the results were not very nice to witness, . She only deteriorated healthwise, mentgally and phyically, with time, and she died at the age of 48. I would imagine that the Uk government would have themselves well protected by `parliamentary privilage ` to ever be sued in a civil court . Basically, it is more cost effective for Westmintster to stall for time , till the `problem `dies`. Roll on independence.!
10:44 PM on 04/16/2012
my dad died last week , and we had a appeal ongoing, red tape and false promises makes you sick, i feel for you all, but if anything like me, it will get alot worse before it gets better
HUFFPOST SUPER USER
Hugh Albert
Moderation in somethings
09:13 PM on 04/16/2012
Is there no way to sue the Gov't for negligence in this case. In Scotland asbestos has been a hot potato for more years than I care to remember. Surely there must have been some priority given when it was pointed out, as I remember it was, that the sufferers were dying off at a rate of knots.