You are in: Home Page | News Desk | News Story


21st November 2008

Unite defends the right to Mesothelioma Compensation

Defending the Rights of Vulnerable Asbestos Victims

In a landmark test case in the High Court, Unite the union, represented by Thompsons Solicitors, has successfully defended the rights of vulnerable asbestos victims from insurers' attempts to avoid their liabilities.

The trade union has resisted a legal challenge by insurance companies which, if successful, could have deprived thousands of mesothelioma sufferers and their families of compensation.

The High Court today (November 21, 2008) ruled that Employers' Liability insurers remain liable to pay compensation for mesothelioma caused by exposure to asbestos in the work place if they insured the employer at the time the asbestos exposure occurred.

The important decision comes after a nine-week court battle in June and July 2008.

Unite Joint General Secretary, Derek Simpson said: "This is a hugely important victory for the victims of the deadly dust and for their families. Having to suffer or watch your relatives suffer from a slow and painful death is horrific.

“Thousands of men and women across the UK have been negligently exposed to asbestos by their employers but insurers have tried and failed to use legal technicalities to escape their responsibility to pay compensation under the policies they sold to employers. They sought to avoid their liabilities while pocketing the money.

"We are prepared to take on the big cases and fight for our members' rights to justice. We are delighted the High Court has protected the right of mesothelioma sufferers to obtain compensation from insurers. This decision illustrates the role and importance of Unite. Without trade unions many of these cases would never have been fought. Unite has been at the forefront of the legal and political campaign to win compensation for the victims of asbestos."

Mesothelioma "Trigger Issue" Test Case

In what has become known as the mesothelioma "trigger issue" test case a number of insurers argued the policies they sold, to insure employers against liability for workers who were injured or suffered illness due to work, were "triggered" by the development of the disease rather than by the exposure to asbestos.

Often the time lapse between exposure to the deadly dust and the development of mesothelioma can be 40 years or more.

If the insurance companies' defence had been successful it could have deprived thousands of asbestos victims and their families of their right to compensation.

The successful conclusion to the test case means the family of mesothelioma victim and Unite member Charles Michael O'Farrell will be a step closer to receiving £152,000 in compensation from his former employer's insurers Excess Insurance Company Limited.

Exposed to Asbestos

Charles O'Farrell was a retired member of Unite who died in 2003. He was exposed to asbestos while working as a steel erector for Humphreys & Glasgow Limited from 1964 to 1967. The company ceased trading in 1986 and is currently in liquidation.

Excess had refused to pay the damages citing the trigger issue defence as their reason. If the High Court had found in favour of the insurer Charles' family would not have received any compensation.

It would also mean thousands of mesothelioma victims and their families, now and in the future, would be unable to obtain compensation because by the time the worker developed the disease, if the employer who exposed them to asbestos was defunct, no insurance would exist to pay the claim.

Head of Asbestos Policy

Head of Asbestos Policy at Thompsons Solicitors, Ian McFall said: "The court had to grapple with many difficult and complex legal issues in this important test case to decide the true meaning and effect of the insurance policies. The outcome is a great relief for many asbestos victims and their families and a victory for fairness, justice and common sense."

Charles' daughter, Maureen Edwards said: "My dad died a painful death from mesothelioma and watching him suffer was agonising for all of us. Excess Insurance poured salt into the wound by forcing us to fight them in court to receive compensation which we had already been awarded but they refused to pay.

"My dad would have been proud today that, with the backing of his union, we have finally achieved justice for him. But he would have been disgusted by the lengths the insurers went to get out of paying."

This news story has also been covered by Manchester Evening News, the BBC, Mirror.co.uk, Liverpool Daily Post and The Huddersfield Daily Examiner.

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 personal injury compensation claim forms.