Recent government reforms on compensation saw the announcement of the long-awaited Mesothelioma Bill in the Queen’s Speech on 8 May 2013. The Bill aims to create a scheme to provide financial support to those individuals who are suffering from mesothelioma, a cancer of the lining of the lungs, and whose former employer is not solvent and who also cannot locate the company’s employers liability insurer from the relevant period. At present, hundreds of sufferers are left uncompensated as a result of untraceable insurers. As a newly-qualified solicitor working for clients who have been given the devastating diagnosis of an asbestos-related illness as a result of the negligence of their employers up to 50 years ago, this Bill comes as a positive breakthrough for those who ‘fit the bill’ as they will be provided with some support from the scheme.
However, I find it hard to shake the feeling that so much more could be done and that the scope of the proposed scheme is simply too narrow and I say this for a number of reasons…
Firstly, the proposed scheme will apply to relatively few people. It is only effective for those sufferers who were diagnosed with mesothelioma after 25 July 2012. This seems incredibly unfair given that nearly 50 people per week are diagnosed with mesothelioma. There does not appear to be any guidance as to the theory behind why this particular date is being implemented. It is difficult enough to be given a diagnosis of cancer and to then be told you contracted it too early and therefore are not eligible for financial support will hardly be welcome news.
Similarly, the scheme will only cover those who have contracted mesothelioma as a result of negligent exposure to asbestos during their previous employment. Even as a newly-qualified solicitor, I have already come across numerous cases where the exposure did not occur at work and instead at home through contact with the overalls of loved ones that are covered in asbestos dust or by spending time in contaminated sites when not an employee. Only recently, mother of two and asbestos campaigner Debbie Brewer, sadly passed away after her battle with mesothelioma. Debbie was exposed to asbestos from her father’s overalls and essentially she was killed by ‘a hug from her father’. It seems massively unfair and unjust that those who contract mesothelioma in ways other than previous employment are excluded from receiving financial support despite going through the exact same pain and suffering and requiring the same care and support as those who were negligently exposed at work.
Further injustice is shown towards those who have been diagnosed with asbestos – related lung cancer and benign asbestos-related diseases such as asbestosis and pleural thickening, in which cases I specialise. It is apparent that these individuals, who have debilitating respiratory conditions with no treatment available, need the long term support and assistance. Benign asbestos-related claims are notoriously difficult to pursue given these diseases are divisible and therefore pursued against multiple Defendants that commonly fall away as the claim progresses due to lack of insurance. Excluding these sufferers denies them the right to benefit from the increasing care that they will require as their condition progresses.
Finally, and arguable most importantly, should an applicant “fit the bill”, they will be forced to accept significantly reduced amounts of compensation. Whilst actual figures have not been published, it appears likely that the awards will be at a much lower level than those that would be made in civil claims and that a sliding scale based on the age of the sufferer will be implemented. Again, this is a massive injustice to those that need the financial support to improve their quality of life and to rest assured that their loved ones will be looked after in their absence. Further information on Irwin Mitchell’s specialist asbestos-related disease team can be found by clicking here: http://www.mesotheliomamatters.com/ContactUs/
