The Mesothelioma Act 2014 has been introduced by the Government to offer compensation to sufferers of the disease who were diagnosed on or after 25th July 2012, who have not already received compensation, and who are unable to contact a former employer or insurer to obtain compensation.
What is Mesothelioma?
Mesothelioma is an aggressive form of cancer predominantly caused by exposure to asbestos. Current figures show that over 2,000 people are diagnosed with mesothelioma annually in the UK. The number of new cases of mesothelioma is expected to increase before it starts to decline.
Those who worked in the building industry when asbestos was heavily used are amongst those most at risk of contracting the condition, but cases are widespread amongst many industries which had a heavy use of asbestos.
The condition has a dormant period of anything between 10 and 50 years before symptoms appear. This long latency period can make it challenging to trace the employer that is responsible for the exposure – and to trace their insurers.
The Mesothelioma Act
This has been recognised by the Government, and the Mesothelioma Act will provide payments that are funded by a levy on insurance companies. Previously, apart from receiving a limited payment, sufferers have not been compensated in cases where the insurers cannot be found.
Sufferers diagnosed on or after 25th July 2012 are able to receive up to 80% of the typical amount awarded by a Court in a mesothelioma case, if they cannot trace a previous employer or their insurer, and have not previously received compensation. It has been suggested that there will also be a contribution towards legal costs.
The Claimant will, however, need to prove that they were subject to negligent exposure to asbestos in order to receive compensation.
While Employer’s Liability Insurance became mandatory on 1st January 1972, there is still no official record kept of which insurers covered specific employers. In addition, there is the difficulty of finding an insurer who will pay the compensation, and much of the time, the employer in question no longer exists.
How Can Nelsons Help?
Making claims for mesothelioma sufferers requires a sensitive approach due to the nature of the condition, with a high level of expertise and knowledge needed to be able to handle the claim.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.