Call back for new
personal injury claims only
Leave your details to request a call back.
You are in: Home Page |
News Desk | News Story
23rd March 2010
Asbestos compensation delayed by insurers
Diagnosed with Lung Cancer and Pleural Thickening
An asbestos victim who was awarded compensation faces uncertainty about whether it will ever be paid because of a legal battle by insurers.The 74-year-old, originally from Manchester, but now living in Canada, was diagnosed with lung cancer in March 2008. Fortunately he has recovered but there is a risk the cancer may return. He also suffers from pleural thickening caused by exposure to asbestos.
He worked with asbestos as a lagger for F Leroy & Company in Manchester in 1952 and 1957. The company is no longer in business.
Never warned of dangers of asbestos
He was never warned about the dangers of asbestos and was not given adequate protective equipment.
Following his diagnosis he instructed asbestos compensation claims experts Thompsons Solicitors to pursue a claim for compensation.
Thompsons reached an out of court settlement for provisional damages of £11,500 with the employer’s insurers. But the client is unlikely to see a penny because the insurers are waiting for a Court of Appeal decision which, if they win, will mean the compensation will not be paid.
Insurers are refusing to pay compensation
In what is known as the "trigger issue" test case a number of insurers argued in the Court of Appeal that the policies they sold, to insure employers against liability for workers who were injured or suffered illness due to work, are "triggered" by the development of the disease rather than by the exposure to asbestos.
The time lapse between exposure to asbestos and the development of disease is on average between 30 and 40 years.
The insurers’ case was rejected by the High Court and they are now awaiting a decision from the Court of Appeal. Those insurers are refusing to pay compensation in asbestos cases until the result is known.
Joanne Candlish from Thompsons Solicitors said: “This client is being made to wait to find out if he will receive his compensation pending an appeal court decision in which the insurers have argued that they should be let off the hook.
“If we are successful in resisting the insurers' appeal many asbestos victims will receive the compensation they are entitled to. It will also pave the way for this client to be paid his agreed provisional compensation and to bring a further claim in the future if he suffers serious deterioration in his condition due to asbestos related diseases.”
Compensation Claim Advice
If you or someone you know has developed an asbestos related disease, telephone us now for accurate compensation claim advice.
There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online compensation claim forms.
Contact us about your accident or injury
Call us for free on 08000 224 224 Call us from your mobile on 0330 123 123 0 (charged at local number and free when covered by inclusive minutes) Request a call back Text CLAIM to 82010 (standard network rates apply)
