Fund Set Up to Provide Compensation for Mesothelioma Victims

The Government have announced that a 300 million pounds fund is to be created to provide compensation for mesothelioma victims unable to trace their previous employer or their previous employer´s insurers.  

The new scheme – which will be funded by the insurance industry – is anticipated to benefit approximately 3,000 victims of the industrial disease over the next ten years who would have lost out on compensation for mesothelioma victims. Although the scheme will take up to two years to pass through parliament, patients diagnosed with mesothelioma cancer from 25th July 2012 will be entitled to claim compensation for diffuse mesothelioma cancer when it can be proven that they – or their solicitors – have been unable to trace the liable party or their insurers.

Announcing the scheme, Minister for Welfare, Lord Freud, said: “We have worked tirelessly together with the insurance industry to agree this package of measures on behalf of those who face this terrible disease. The new scheme will mean that, for the first time, sufferers of diffuse mesothelioma, who cannot trace either a liable employer or employers’ liability insurer, will have access to extra payments.”

Despite being welcome news for the estimated 300 people diagnosed with the asbestos-related cancer each year who would otherwise be unable to claim compensation for mesothelioma victims, campaigners and members of the Association of Personal Injury Lawyers (APIL) have criticised the measures for not being more comprehensive. Those diagnosed with mesothelioma cancer prior to 25th July will be excluded from the scheme, as will those diagnosed with asbestos-related diseases other then mesothelioma cancer.

Former employees of companies still in existence – such as engineers employed by BT who were exposed to asbestos while installing new telephone exchanges – will not be affected by the change, and should claim compensation for mesothelioma victims against their former employer with the assistance of a solicitor.