The current laws surrounding asbestos-related lung cancer state that the only way a person can recover total compensation is by accurately tracing all employers responsible for the exposure. Once damages have been agreed between the different employers, the victims receive compensation from each employer or the insurer (if the companies no longer exist) to ensure that they are fully compensated.
However, the Association of Personal Injury Lawyers (APIL) have recently launched a new campaign with lung cancer charity Asbestos Victims Support Group Forum (AVSGF) to aid victims of lung cancer that stemmed from asbestos exposure in receiving compensation.
Existing Law
With the existing law only allowing full compensation to be paid if all the employers can be traced and identified, many victims are left in a position where they can only claim a fraction of the full value of their damages
With this, the APIL/AVSGF campaign aims to bring reform that makes asbestos-related lung cancer an ‘indivisible’ disease. This means that if one liable employer can be found, the employer (or, in most cases, the insurer) will pay the full compensation for the case.
Mesothelioma Claims
Currently, mesothelioma compensation claims take the approach of only needing to identify one employer. However, the two types of cancer (asbestos-related lung cancer and mesothelioma) are barely distinguishable, meaning there are calls for the cases to be treated similarly.
Campaign Overview
Thus far, the legislation has been drafted, briefings prepared, and relevant MPs are being approached; despite the campaign’s infancy, the overall campaign plan has been agreed upon.
Research shows that the cost to reform the laws is relatively modest compared to how the update will significantly benefit the vulnerable people affected by exposure to asbestos and subsequently suffer(ed) from asbestos-related lung cancer.
Solicitor for Asbestos-Related Diseases
At Bridge McFarland LLP, we have a lot of experience representing people who have contracted asbestos-related illnesses, including claims for lung cancer and mesothelioma.
To speak to a specialist solicitor today, please call 0800 987 8800.
For further information, please visit our dedicated Asbestos Awareness website.