Archive for the ‘Compensation’ Category
This is our reply:
The Northeast Asbestos Support and Awareness Group provide help and advice to the victims, and their families, of asbestos related diseases throughout the North East of England. We welcome this consultation. The establishment of an ELIB will ensure that those suffering the painful and often debilitating effects of asbestos related diseases are given justice.
Is this the correct data to be recorded or is there something else needed to properly identify policies?
Yes this is the correct data but we would ask that the Companies House registration number also be added, as well as the Firm Reference Number (FRN).
Is there a better unique employer identifier than the employer’s reference number provided by HMRC to facilitate tracing of EL insurance policies?
No, but see our response to question 1.
Which historic records would it be feasible and proportionate for the insurance industry to include in any electronic database?
We believe all historic records should be included in any database to safeguard against any loss or destruction of these records.
How should an electronic database be funded?
The insurers should fund the database.
Who should be represented on the board and what structure should such a board take?
Victim’s organisations should be represented on the board along with the insurance industry, with an independent Chair.
Should the coverage of an ELIB be limited to where there is a legal requirement to insure, as is the case with MIB, or should the ELIB provide universal coverage?
The ELIB should provide universal coverage, and should include pre 1972 claims. All workers should be protected through insurance.
How should an ELIB be funded?
ELIB should be funded by the insurance industry.
What would be the impact on insurers and employers of establishing an ELIB?
There would be a saving on the cost incurred on tracing.
Should the level of general damages be based on amounts being awarded in the courts or on some different basis?
It should be based on the amounts being awarded by the courts.
Should the level of compensation be decided based on an individual’s needs or on a fixed Tariff?
See response to question 9.
Should Special Damages be incorporated within a fixed Tariff or should they be dealt with on an individual basis?
See response to question 9.
Should an ELIB cover all claims, long-tail disease or just those with mesothelioma?
It should cover all claims.
How could we ensure an ELIB paid out in all appropriate claims and not those that would otherwise not have been paid?
By using court based procedures.
What level of evidence is needed to settle claims if contemporary records have been destroyed?
See response to question 14, all evidence will be tested in accordance with court procedures.
How should an ELIB start to meet claims to ensure fairness to claimants and funding at the start of any scheme?
Claims should be dealt with in accordance with civil law. Sufficient funding should be available to meet successful claims.
Should an EIIB meet claims to dependants after the person has died if a claim has not previously been compromised?
Should there be limitations on the time a person can take to bring a claim to the ELIB: if so, when should that start?
Yes, there limitations would be tested by the Limitations Act 1980.
Would the introduction of an ELIB have an impact on employer ELCI compliance?
It would have a positive impact.
What more can be done to ensure that employers which are legally obliged to obtain ELCI do so?
Bring back the requirement to display their EL policy.
NASAG has taken steps to ensure that we can refer all individuals affected by asbestos related disease to lawyers with unrivalled experience at fighting and winning asbestos claims who will not charge you anything, win or lose.
Most trade unions offer a true “no win – no fee” legal service to their members and also to widows and other dependent family members in fatal cases. Trade union members do not pay any legal costs if their case is not successful – but where the case is successful they will receive the full compensation without being charged any deduction towards legal costs. Many trade unions will allow former members to
rejoin if the asbestos exposure occurred when they were a paid up member.
Regardless of where you live or whether or not you were a trade union member, please feel free to call NASAG for free support and advice. If there is a reputable support group nearer to you than NASAG we will put you in touch with your local group.
Call us f you are in any doubt about who you should trust to advise you about claiming compensation. We are a registered charity and our services are entirely free.