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Asbestos cancer compensation for former employees of missing firms

After years of lobbying, victims of mesothelioma (an aggressive form of cancer most frequently associated with exposure to asbestos), who have been unable to trace their former employers, may now be able to receive compensation.

Last updated on April 6th, 2017 at 12:22 pm

This comes as a result of the passing of the Mesothelioma Act 2014, which gained royal assent in January this year.  The Act makes the award available to mesothelioma sufferers (or their families) who were diagnosed after 25 July 2012, can prove that they were negligently exposed to asbestos, have not already received compensation and who cannot trace their former employers (or employers’ insurers) as they have gone out of business for example.

The £380 million compensation scheme, which is available throughout the UK, is funded by a levy on insurance companies which provide employer liability insurance.  Successful claimants are likely to be awarded around 80% of the average settlement paid out to asbestos related disease victims who have successfully sued former employers.  A contribution of £7,000 towards legal fees are to be added on top of that.

Belinda Lancaster, partner and specialist in work related illnesses, such as mesothelioma, at Graysons WE says “Because mesothelioma can take many years to develop, it can be difficult to trace former employers (or their insurers) which have gone out of business.  The disease progresses rapidly and people often die within 3 years of symptoms appearing.  This new fund will certainly make it easier – and fairer – for these sufferers to claim the compensation they deserve.”

In a further development regarding this rare form of cancer, The National Institute for Health Research (NIHR) has launched a survey into the diagnosis, treatment and care of mesothelioma.

For further information about mesothelioma and first class advice on this and other industrial disease claims, please contact our highly experienced team now.

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