Small things can lead to big results

Feb 15 2010 by Karen Dent, The Journal

IT'S not just the economy, stupid! Sometimes it is the smallest actions of governments that can make the most difference to the lives of people. Initiatives that can benefit thousands of families in our region require relatively simple, cost-free interventions requiring political will to respond to the needs of the ordinary working person, tackling the failure of the corporate giants. Few areas of public policy fit this bill more necessary than in supporting victims of asbestos poisoning.

While trade unions and organisations like the Mick Knighton Mesothelioma Research Trust have contributed fantastically to raising awareness of the dangers of asbestos, generated a massive contribution to research into supporting victims and have helped thousands of individuals and their families cope with the devastating effects of asbestos poisoning, there are still outstanding actions needed at Government level.

While we remain patiently optimistic the Government will soon make an announcement in relation to the Law Lords view that pleural plaques is an illness that should not be compensated, last week the Department for Work and Pensions published its consultation on introducing an Employers Liability Insurance Bureau (ELIB). This is an initiative born out of the detailed understanding of trade unions and trade union law firms who have sought to recover compensation for victims of asbestos poisoning.

That experience has shown that often the most difficult aspect of a personal injury claim for those suffering from asbestos poisoning is tracing a solvent insurance company to represent the employer’s liability. In cases of asbestos poisoning it can be more than 20 to 30 years between the point of exposure to asbestos and indications of the symptoms that every shipbuilding or construction worker fears. Developing the evidence trail that locates the employer and then finding their liability insurer is an extremely difficult exercise, in many cases proving completely fruitless as over that period of time the insurer has long ceased operating.

The consultation seeks views on two courses of action. The establishment of an Employer Liability Tracing Office – essentially a database of all Employer Liability Insurers – making it much more feasible to trace the insurance provider responsible. Secondly, to establish an Employer Liability Insurance Bureau, which would provide a compensation fund of ‘last resort’, where the original insurer or their successor company simply cannot be traced.

If this is implemented this could benefit literally thousands of asbestos victims in our region.

Kevin Rowan, regional secretary, Northern TUC