Unite vow to fight for fair asbestos compensation

Trade Union Unite have vowed to continue the fight for fair compensation for mesothelioma sufferers in the Supreme Court, after a recent Court of Appeal ruling effectively meant that many insurers would not be liable for compensation payment.

The deadly lung cancer mesothelioma can take decades to appear after someone has been exposed to asbestos, and this peculiar trait of the disease has long complicated the issue of when the damage is done, and who is liable to pay. The recent case in the Court of Appeal decided that the insurer for steel erectors Humphrews & Glasgow, Excess Insurance Company, were not liable at the time asbestos dust was inhaled, but at the time mesothelioma develops. The policy said that an employee had to 'sustain injury' during their time of employment with the company.

In that case, the worker Charles O'Farrell who died in 2003 as result of the cancer, was no longer in employment when he was diagnosed with mesothelioma and as such the court ruled that he was not covered by the insurance policy and no compensation was payable.

The ruling means that insurance companies in many ongoing cases brought by sufferers of asbestos related illnesses will not be liable to pay compensation depending on the wording of their policies. Unite vowed to back an appeal of this decision in order "to see justice done to innocent victims and their families" and to prevent insurers who want "to weasel out of paying by using fancy legal argument and small print".

If you have been diagnosed with an asbestos related illness and wish to receive legal advice about making a claim contact Wilson Nesbitt solicitors by email at [email protected] or click here to visit the relevant section of the website for more information.

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