New Court Challenge Could Cut Payouts For Asbestos Victims -- MesoLink.org -- 03-14-06

A new challenge is set to commence in the UK House of Lords in relation to trying to cut the payout asbestos victims get in terms of compensation. Discussions are due to start mid March, and employers are arguing that the cost of any compensation payout should be split between all potentially liable companies in the event that the victim worked at more than one place where he or she could have been exposed to asbestos.

Current legislation means that plaintiffs can claim against any one company where exposure occurred even if there is more than one defendant company. Employers are aiming to overturn this legislation so that more than one company can split the compensation that is awarded if there is potentially more than one company involved. Compensation levels for asbestos related cancer and health problems is already low in the UK, and around 1,800 people are affected each year. In a case four years ago, insurers argued that there was no way that the plaintiff could prove where they had received the exposure that led to cancer because the plaintiff had worked at more than one company where exposure could have occurred.

In the end the courts ruled against the insurers in that case. However, if the legislation is changed now it could mean that claimants are even worse off. One solicitor stated: 'If your job with one employer involved more than enough asbestos exposure to give you mesothelioma but you had also worked with asbestos for another employer that's gone bust, your compensation will be reduced. This may leave you with very little, after the benefits from the government are taken off.'