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FAT CATS URGED TO SUPPORT VICTIMS

Insurance fat cats were urged to establish a Fund of Last Resort to pay all asbestos victims compensation where Employer’s Liability Insurance policies cannot traced.

Insurers escape liability for untraced premiums. Since 1972 it has been a legal requirement for employers to hold Employers Liability (EL) Insurance. There has been universal compliance by employers with this requirement (HSE research shows 95.5% compliance).  Even so the ABI insurance tracing scheme success rate for post-1972 traces is only 39% and for post-1999 traces only 41% yet Insurers refuse to accept liability for non-traced insurance.

Victims are paying with their lives and receiving no compensation, even where EL insurance was in place, yet the ABI thought it was inconceivable that they should be expected to pay for employers who did not take out insurance.  Instead they refused to accept there had been universal compliance, questioning the HSE research. 

Protection for motor traffic victims – none for injured workers.  Injured workers have little protection compared to motor traffic victims. The Motor Insurer’s Bureau (MIB) provides a fund to pay compensation where a negligent driver has no insurance. There never has been a central record of EL insurance and there is no fund to provide compensation for asbestos victims whose employer’s liability insurance cannot be traced. The All Party Group is calling for an Employers Liability Insurance Bureau (ELIB), similar to the MIB.

A spokesman for the ABI stated that Employers’ Liability Insurance could be differentiated from Motor Insurance because employees have an opportunity to view their employer’s Insurance Policies. 

Joanne Carlin from DAST, who attended the protest dressed as a fat cat, was staggered by this response “Asbestos related diseases have a long latency period.  It is inconceivable to think that employees would take note of their employer’s insurance policies in the event that they may go on to develop a disease.”   Not only that, over the years, employers change their Insurers so it would be impossible for employees to monitor the changes. 

Insurers asked to donate “£14 million windfall” from asbestos compensation payouts on badly-needed research into asbestos related diseases.  For the past decade, insurers have saved vast sums on payouts where asbestos victims had already received compensation from the Government.  Last October the Government changed the rules and began reclaiming these lump-sum payouts back from insurers when victims go on to make successful compensation claims.  However, the insurance industry was allowed to keep the money it had already saved – estimated to be £14 million over 10 years.

Protesters claimed an analogy could be made to that of MPs expenses. 
Tony Whitston, Chair of the Asbestos Support Groups Forum said “It was within the rules but it was wrong.  They should do the decent thing and donate this money into researching ways to help victims of the asbestos time bomb, particularly as despite the credit crunch the insurance industry is in good health.”

Employers' Liability Insurance

The Derbyshire Asbestos Support Team was alarmed to hear that the Government has decided to remove the requirement to retain Employer’s Liability Insurance for 40 years. This is the single most important campaign for asbestos victims. 

Currently It is very difficult in many cases for the Lawyers to trace insurance details of negligent companies who have exposed their workforce to asbestos.  They have to rely on a voluntary code by the Association of Business Insurers (ABI).  Solicitor, Dave Fisher from Rowley Ashworth Solicitors stated that in one day he received 7 responses to his searches for insurance details; in every case the details could not be traced.  The official statistics are the ABI search is  effective in tracing Employers' Liability Insurance in only 33% of traces relating to insurance details post 1972.  Only 15% of pre 1972 traces were successful. Overall the success rate was only 28% (Non 2005-Oct. 2006). 

The Government responded to the plight of asbestos victims who are unable to trace Employers' Liability  insurers by paying small lump sum payments under the Pneumoconiosis etc. (Workers Compensation) Act 1979 (1979 Act) and now the 2008 Diffuse Mesothelioma Scheme.

 In contrast, motor accident victims who are injured by another driver who fails to hold insurance do NOT rely on government payments. The Motor Insurers’ Bureau (MIB), an insurance fund of last resort, pays full compensation where judgment is obtained against an uninsured, negligent driver. 

There is an overwhelming argument in favour of insurers taking responsibility for the insurance they wrote and paying full compensation where judgment is obtained instead of the government standing in the shoes of the Employers Liability insurers paying millions of pounds in lump sum payments.

An Employers' Liability  insurance fund of last resort, similar to the MIB should, be set up, an Employers' Liability Insurance Bureau (ELIB), to provide cover for Employers Liabilty  insurance that cannot be traced.

DAST calls upon the Government to make funds available for an Asbestos Related Disease Research Centre. Click Here For Details

Fight for compensation for people with pleural plaques

The Lobby outside the House of Commons on 29^th January 2008 was very well attended by representatives from support groups, those diagnosed with pleural plaques, Trade Union members and MPs.  DAST was represented at the lobby.  There seemed to be a lot of political support for a new law to change the unbelievable decision that those diagnosed with pleural plaques will no longer be compensated.  The Scottish Parliament has stated it intends to bring in legislation to reverse the House of Lords decision.  The case has been continually made that it is not unreasonable that people with pleural plaques fear that they may develop another disease.  Furthermore, a visible scar is compensatable, why should a scar on the lining of the lung not be compensatable?

The construction union – UCATT have launched a postcard campaign to ask the Rt Hon Jack Straw MP to reverse the House of Lords decision as well as making it impossible for claimants to take a full and final settlement for the disease.  In the past the Derbyshire Asbestos Support Team have helped people to secure compensation from the Workers’ Compensation scheme having developed mesothelioma after receiving a full and final settlement for pleural plaques.  If you would like to support the campaign please contact the Derbyshire Asbestos Support Team.

Fight for compensation for people with pleural plaques

The Lobby outside the House of Commons on 29^th January 2008 was very well attended by representatives from support groups, those diagnosed with pleural plaques, Trade Union members and MPs.  DAST was represented at the lobby.  There seemed to be a lot of political support for a new law to change the unbelievable decision that those diagnosed with pleural plaques will no longer be compensated.  The Scottish Parliament has stated it intends to bring in legislation to reverse the House of Lords decision.  The case has been continually made that it is not unreasonable that people with pleural plaques fear that they may develop another disease.  Furthermore, a visible scar is compensatable, why should a scar on the lining of the lung not be compensatable?

The construction union – UCATT have launched a postcard campaign to ask the Rt Hon Jack Straw MP to reverse the House of Lords decision as well as making it impossible for claimants to take a full and final settlement for the disease.  In the past the Derbyshire Asbestos Support Team have helped people to secure compensation from the Workers’ Compensation scheme having developed mesothelioma after receiving a full and final settlement for pleural plaques.  If you would like to support the campaign please contact the Derbyshire Asbestos Support Team.
The Asbestos Support Groups Forum have responded to a consultation document on pleural plaques.  A further demonstration has been planned for Tuesday 23rd October 2008.

Schools exposing teachers and  children to Asbestos click here

Health and Safety Executive Awareness Campaign

DAST applauds the new Health and Safety Executive (HSE) initiative to raise awareness about the dangers of exposure to asbestos.  The initiative is aimed at maintenance workers, particularly, plumbers, joiners, electricians.  The message is clear.  Asbestos is dangerous and workers should find out if asbestos is present before work starts. If asbestos is present, workers should be trained to work safetly with it.  Only licenced contractors should work with sprayed coatings, board or lagging on pipes and boilers.   

The HSE have provided good literature which has been targeted in trade magazines and local radio.  DAST members have  helped the HSE by providing their stories as a warning to others.

To find out more about the campaign

http://www.hse.gov.uk/asbestos/index.htm

http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm

Residents against Asbestos Waste (RAAW)

DAST is supporting residents in Old Whittington, Chesterfield to prevent an asbestos waste transfer site near to their residential area.  DAST believes such a transfer site should be located as far away as possible from residential areas and particularly areas where children may play.  RAAW are asking local people to write to the Derbyshire County Council planning department to oppose the transfer site.  For more details  please look at their website  http://www.raaw.btik.com/

© David Martin 2004-2009