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26 February 2009 / Richard Scorer
Issue: 7358 / Categories: Features , Public , Damages , Personal injury
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Adding insult to injury

Personal injury victims deserve a guarantee that their compensation needs will be met, says Richard Scorer

Mesothelioma, a cancer of the lining of the lungs caused by exposure to asbestos, may not develop until as much as 40 years after the original exposure. Often, by the time the disease is diagnosed, the employer has gone out of business. This means that for many victims of industrial diseases, winning a compensation claim in the courts is only half the legal battle. Getting paid out by the defunct company responsible for causing the disease can be at least as difficult.

 

A traceable history?

Getting paid out often depends, of course, on the availability of employers’ liability (EL) insurance—which in turn depends on whether or not the EL insurer from the relevant period can be traced. The Employers Liability (Compulsory Insurance) 1969 Act came into force in 1972 and since then, all employers have been required by law to have in place insurance to pay compensation if the employee has

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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