header-logo header-logo

Last resort fund plans

18 February 2010
Issue: 7405 / Categories: Legal News
printer mail-detail

Government proposals to set up a tracking service and fund of last resort for employees injured at work have received a mixed reaction from personal injury lawyers and insurers.

Government proposals to set up a tracking service and fund of last resort for employees injured at work have received a mixed reaction from personal injury lawyers and insurers.

The Department of Work and Pensions last week set out plans to create an Employers’ Liability Tracing Office to help people track down the insurance policies of employers from yesteryear, and an Employers’ Liability Insurance Bureau (ELIB) to provide a fund of last resort for those who are unable to trace insurers.

The consultation, Accessing Compensation—Supporting People who Need to Trace Employers’ Liability Insurance, looks at how the tracing office could be managed and funded, and how much compensation could be paid. It also considers employers can do to ensure they meet their obligations to maintain employers’ liability compulsory insurance.

Ian McFall, head of asbestos policy at Thompsons Solicitors, which has campaigned for an ELIB, says: “This positive move is as welcome as it is overdue.”The Association of Personal Injury Lawyers (APIL) called for all political parties to support the plans for an ELIB.

However, Nick Starling, the Association of British Insurers’ director of general insurance and health, says: “Over 98% of employers’ liability claimants are able to claim if they have suffered an injury or disease caused by their work, and insurers pay out £1.5bn a year in compensation.

“We are opposed in principle to the proposed ELIB. It cannot be right that today’s law-abiding employers should have to pay for their potentially uninsured competitors or firms that now no longer exist, and who may not have had insurance. Such a fund could also encourage some employers not to bother with insurance, or to take the health and safety of their employees less seriously.”
 

Issue: 7405 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
back-to-top-scroll