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Asbestos victims will finally receive full compensation

16th February 2015

People diagnosed with mesothelioma following wrongful exposure to asbestos, who cannot trace their former employer’s insurance are now eligible for 100% of the average court settlement under the scheme which was introduced last year.

The Mesothelioma Act 2014 saw the introduction of the Diffuse Mesothelioma Payment Scheme, which placed a levy on insurers and established a compensation fund so that mesothelioma victims who were unable to trace a former employer or insurer could still have recourse to claim compensation.

Whilst the scheme was welcomed, one of its drawbacks was that anyone claiming would only be entitled to 80% of the average amount of compensation that a person might obtain through the courts.

But the Government’s recent u-turn means that from now on people suffering from mesothelioma can apply to receive 100% of the average compensation award for civil claims, which marks a huge step forward for many that have campaigned for this change.

Moore Blatch asbestos – related disease lawyer, Michael Osborne, who has also called for the change, comments: “Mesothelioma is a devastating illness with a huge impact on the sufferer and their families – it is only right that those affected be given the opportunity to achieve the maximum compensation available to them.

“We hope that the Government will also consider implementing some of the other changes that many, including ourselves are still requesting.”

The scheme currently provides compensation to people diagnosed with mesothelioma after 25 July 2012, many would like to see this date put back so that more people become eligible to claim compensation. The scheme also does not cover other conditions that occur through asbestos exposure such as; asbestosis, pleural thickening and asbestos-related lung cancer, which can all have a profound effect on those living with these conditions. 

Author: Michael Osborne

 

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