Developments in asbestos Insurance | Latest and Updated News at ...

Labourers may have just scored a significant victory in the fight to hold their employers? insurers liable for their exposure to asbestos. The legal issue, which is complicated by the fact that asbestos causes diseases such as lung cancer and mesothelioma (a cancer of the chest that can be aggressive and difficult to diagnose) that may not show symptoms until decades after initial exposure, has been a confusing and sometimes frustrating fight for families of workers who have suffered gravely or died from these diseases.

But the landmark UK Supreme Court ruling has changed that. In a decision announced in late March of this year, the Court ruled that the question of liability should be considered in no uncertain terms: if an employee was exposed to asbestos in his or her line of work and many years later develops an asbestos-related condition like mesothelioma, the insurer of the employer still has a responsibility to pay mesothelioma claims.

The confusion prior to the court ruling came from some a subset of insurers asserting that they should only be found liable for employees who exhibit symptoms of asbestos-related diseases. The challenge with this reasoning is that in most cases, these kinds of illnesses don?t show symptoms until as many as 40 years later. In fact, many present mesothelioma victims were employees of heavy industry or shipyards in the 1960s and 1970s. Some family members of victims accused these insurers of attempting to shirk their responsibility to pay for medical expenses related to the asbestos exposure of employees or former employees. Many of the companies that challenged the liability guidelines are insurance providers who only exist to service previously acquired clients.

The impact of this case may be even greater in the future, as the number of cases of mesothelioma continues to rise. Currently, about 5,000 people die from this kind of cancer or other asbestos-caused diseases each year. But because awareness about the deadly effects of the once-popular building material was slow to catch on, there will be even more deaths per year until as late as 2016.

Asbestos

Asbestos, which was highly valued because of its effectiveness in insulation and heat resistance, was officially banned from the UK in 1999, and as a result, most work places have eliminated or greatly reduced exposure. However, the material was also used in home construction, which could spark a second wave of asbestos-related illness in the future for homeowners who underestimate the prevalence of asbestos in homes or the danger it can cause to their health. The growing popularity of do-it-yourself home renovation is also a concerning factor.

However, the new ruling concerning employers? insurers means that even as the number of diagnoses rises in the future, these victims and their family members will be able to receive the compensation they need for medical bills and other expenses.

Related posts:

  1. Hiring A Mesothelioma Attorney To Help You File For The Rightful Compensation
  2. How Do Attorneys Charge For Their Work?

Source: http://www.channel4updates.com/developments-in-asbestos-insurance/

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