According to a report published by BBC News, hundreds—and possibly thousands—of British mesothelioma victims are being denied compensation for their injuries because they are unable to identify their former employers’ insurance carrier at the time they were exposed to asbestos.
Because of the long latency period after exposure, asbestos workers may take up to 50 years before they show the first signs of mesothelioma or another asbestos-related disease. As a result, changes of address or executives at a former employer, lost records and other factors can make it difficult to determine who is responsible for settling a victim’s asbestos claim. While the British government can provide some compensation, it is much less than what would be paid by corporate insurers.
Statistics published in Britain by the Employers Code of Practice (PDF) show that only 45% of asbestos inquiries filed during 2009 were successful at gaining compensation for asbestos victims. Although the British government announced new plans to give victims greater access to rightful compensation for their injuries—including forcing employers to retain insurance records for 60 years and setting up a fund of last resort to meet untraceable insurance claims—the number of successful claims has fallen by 4% since 1999.
While the manners in which British and American law handle mesothelioma and asbestos claims differ in significant ways, the problem of determining liability in these cases is one that is shared by victims on both sides of the Atlantic. Just as the American government needs to join other industrial nations in banning asbestos, the British government should take the necessary steps to ensure that its citizens receive fair compensation if they have been injured by exposure to asbestos.
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