The speakers will be Dr Linda Waldman, Heather Williams and Peter Wilson

The meeting will be held in the Council Chamber at Gateshead Civic Centre on Wednesday 24th November at 7pm

A poster and full details can be downloaded here

An analysis for NASAG of the replies from councils in the north east region raises a number of questions as to the overall value of the survey, and more so the reliability of the responses given to the HSE.

A briefing produced by NASAG can be downloaded here

The June Hancock Mesothelioma research Fund is also supporting a study into a compound called JBIR-23, which has been shown to fight mesothelioma cells

Workers Memorial Day Remembrance Service & Wreath  Laying Ceremony, Wednesday 28 April 2010, 12.30pm Hartlepool TIC & Art Gallery, Church Square, Hartlepool, and 1.00pm Saltwell Park, Gateshead.

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.

Question 1.
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).

Question 2.
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.

Question 3.
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.

Question 4.
How should an electronic database be funded?

The insurers should fund the database.

Question 5.
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.

Question 6.
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.

Question 7.
How should an ELIB be funded?

ELIB should be funded by the insurance industry.

Question 8.
What would be the impact on insurers and employers of establishing an ELIB?

There would be a saving on the cost incurred on tracing.

Question 9.
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.

Question 10.
Should the level of compensation be decided based on an individual’s needs or on a fixed Tariff?

See response to question 9.

Question 11.
Should Special Damages be incorporated within a fixed Tariff or should they be dealt with on an individual basis?

See response to question 9.

Question 12.
Should an ELIB cover all claims, long-tail disease or just those with mesothelioma?

It should cover all claims.

Question 13.
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.

Question 14.
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.

Question 15.
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.

Question 16.
Should an EIIB meet claims to dependants after the person has died if a claim has not previously been compromised?

Yes.

Question 17.
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.

Question 18.
Would the introduction of an ELIB have an impact on employer ELCI compliance?

It would have a positive impact.

Question 19.
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.

Please note in some circumstances it is possible to still make a claim for benefits and compensation, after a loved one has died, be it a husband, father, brother, mother, wife or sister.

However there are still conditions which apply to making a posthumous claim .

Therefore should you feel that you may be entitled to make a claim, please contact NASAG, where one of our advisors will assist you, and explain your best options, and where necessary supply the relevant forms.

You may also make a posthumous Claim with a Solicitor.

If you are currently receiving a means tested benefit you may loose entitlement to other benefits.

Therefore we would always suggest that you seek advice from a welfare rights/support worker before making any decision on which benefit you claim.

NASAG can assist you with this entirely free of charge

The new and welcomed scheme to pay a lump to all mesothelioma sufferers, irrespective of occupational exposure, came into effect on 1 October 2008.

However we are shocked to discover that some asbestosis and mesothelioma sufferers will lose compensation in order to fund the scheme.

Asbestosis victims who cannot trace all the employers who exposed them to asbestos are only paid a proportion of damages in law. Consequently the courts did not allow them to lose out the whole of their government lump sum payment. From 1 October this will change and the government will recover the full lump sum from partial damages in law.

Turner & Newall victims who only receive a small percentage of their compensation from T&N Funds were allowed to keep government lump sum payments. From 1 October, this will change and the government will recover the full lump sum.

This is not an unintended consequence of the new Act. It is deliberate policy and we are calling on the government to amend the legislation so that asbestos victims do not end up funding the new scheme. Some could lose a third of their compensation.

Bob Stephenson, NASAG said this was never made clear when the new scheme was announced. A scheme we welcomed and praised the government for. We want the government to immediately take steps to stop funding the new scheme by reducing further the small amounts of compensation received by some asbestos victims.

Since 2002 NASAG has grown rapidly in both stature and experience. All of our volunteers have personal experience in dealing with asbestos related diseases including mesothelioma.

Founded by the late Frank Gray, NASAG has now given support and advice to over one thousand clients and helped obtain £1.5million in compensation.