Landmark asbestos ruling could open compensation 'floodgates'
- AuthorKate Sweeney
Experts claim that a recent Supreme Court in favour of survivors of a mesothelioma victim could lead to a rapid increase in compensation claims from other asbestos damaged workers.
The ruling involved the families of Dianne Willmore and Enid Costello, both of whom died of mesothelioma after being exposed to relatively low levels of asbestos.
Insurers had attempted to argue that courts should make a decision over the legal threshold of asbestos exposure before compensation was payable, but this was rejected by the Supreme Court.
As a result, while workers in trades where asbestos was widespread, such as shipbuilding and engineering, provided the bulk of compensation claims, now office workers, teachers and lab technicians are set to make a stand.
"These judgments will see successful cases rise by around 10% in the coming years as more companies will be held liable for exposing people to low levels of the dust,'' said one expert at PersonnelToday.com.
In the wake of the Supreme Court ruling, if someone is wrongfully exposed to asbestos by one company or organisation, then that organisation is liable, as long as the initial exposure to asbestos was not “insignificant“.
Groups likely to be helped by this decision include carpenters, electricians, office workers in factories, painters and decorators, teachers and lab technicians. If you fall within this bracket or have been exposed to asbestos in any other profession, contact our experts today on 0844 245 6601 and see what compensation is available.
By personal injury solicitor, Kate Sweeney