Industrial Illness Sufferers to Miss Out on Insurance Payments
11/07/2008
A leading industrial illness lawyer based in West Yorkshire has condemned the UK Government’s decision to change the law meaning companies no longer have to keep employer’s liability insurance records for 40 years.
Ian Bailey, from national law firm Irwin Mitchell, says: “This is an outrageous decision because it often takes many years for so-called “long tail” diseases, such as industrial deafness or malignant mesothelioma (a form of cancer most often caused by exposure to asbestos) to develop.
"Over 2,000 people in the UK die each year from mesothelioma, which can take up to 40 years to develop. It could make it even more difficult for sufferers to claim from their former employers, if this law is passed, especially in situations where the company no longer exists, has ceased trading or has no assets.
"The Government is trying to save money on regulation administration yet the TUC has highlighted that the administrative burden imposed on employers is greatly offset by the benefit to those who may be injured or made ill as a result of employer negligence."
The regulation to keep records for 40 years was only introduced eight years ago as a result of employers failing to maintain such records. Even today, there are many cases where people are unable to trace an insurer because of inadequate record-keeping by employers prior to the regulations being introduced.
Mr Bailey comments: “Sadly, I have acted for many clients over the years for which we have been unable to track insurers and this change in legislation is likely only to compound the situation."
Industrial disease is prevalent in West Yorkshire. Statistics recently issued by the Health & Safety Executive show that there were 1275 mesothelioma mortality cases in the West Yorkshire region (Leeds, Calderdale, Kirklees, Bradford and Wakefield) between 1981 and 2005. According to the latest information from the Health & Safety Executive 2,037 people in the UK died from mesothelioma during 2005, and thousands more from other occupational cancers and lung diseases.
Michael Clapham, Labour MP for Barnsley West & Penistone, has been lobbying on this issue and has supported the Early Day Motions tabled by two fellow MPs, Andrew Dismore and David Taylor, opposing the new laws.
Mr Bailey continues: "The Government faces extremely stiff opposition from personal injury lawyers, trade unions and asbestos victim support groups on this issue. Rather than disposing of this regulation, the Government should in fact be tightening existing controls by making it mandatory to register employers’ insurance details on a central database."