A UK Supreme Court ruling has made it possible for workers formerly employed in the UK construction industry to make claims for asbestos related diseases.
Victims of asbestos related diseases, and the families of workers who have died from asbestos related diseases, have been given the right to claim back-dated compensation under a landmark ruling handed down from the UK Supreme Court this week.
The court ruled that insurance liability applied at the time an employee was exposed to asbestos, rather than when the symptoms of an illness were diagnosed, and that relatives of workers who subsequently died due to a lack of protection can make claims for asbestos related diseases on insurance policies dating back to the 1940s.
Lord Clarke – one of the Supreme Court judges that delivered the verdict – said “The negligent exposure of an employee to asbestos during the [insurance] policy period has a sufficient causal link with subsequently arising mesothelioma to trigger the insurer’s obligation.”
For many workers who were employed in the UK prior to the banning of asbestos products in 2004, this ruling means that they will be able to claim compensation from their former employer´s insurance company. It also means that families who lost loved ones due to mesothelioma cancer or asbestosis can make retrospective compensation claims for asbestos related diseases.
The ruling was welcome by the union Unite, who brought the legal action on behalf of the family of one of their former members – Charles O´Farrell – who died from mesothelioma cancer in 2003. A spokesperson said that the ruling will affect many of the 2,500 people who are diagnosed with asbestos related diseases each year.
Nick Starling – director of general insurance and health at the Association of British Insurers – was also happy that the “confusion and uncertainty” about claims for asbestos related diseases had come to an end. He said: “The ABI and our members are committed to paying compensation as quickly as possible to people with mesothelioma who have been exposed to asbestos in the workplace”.