Boost for victims of asbestos
By Michael McHugh
22 June 2006
Asbestos cancer victims are celebrating a boost in their battle for better compensation after the Government announced that it is to bring in legislation making it easier for claimants to fight their case.
The move by Dept of Constitutional Affairs minister Lord Falconer and the Department for Work and Pensions follows widespread anger at a House of Lords decision which made it more difficult for victims to claim damages from employers where the mesothelioma lung disease may have been contracted.
Tony Blair told a meeting of trade unionists recently that he would legislate for a fairer deal for sufferers and their families and the DCA has now announced new proposals.
Lord Falconer said: “The Government is acting quickly to help claimants suffering from this terrible disease to receive the compensation to which they are entitled as soon as possible.
“I intend to bring forward an amendment to the Compensation Bill to provide that in these cases negligent employers should be jointly and severally liable, so that the claimant can recover full compensation from any relevant employer.
“It would then be open to that employer to seek a contribution to the damages awarded from other negligent employers.”
The Barker v Corus Lords judgment involved a widow of a mesothelioma victim and insurance companies who were arguing that one employer could not be held solely responsible if the claimant had been exposed at a number of workplaces.
The Law Lords accepted that damages had to be apportioned among the different employers.
