This piece is from the Unite bi-monthly magazine, unite WORKS
It’s terrible enough contracting a killer
disease at work. But what happens when some insurance companies want to avoid
paying out compensation? Thanks to Unite’s legal intervention their plans to do
just that have been wrecked and compensation to victims will again be paid.
Asbestos exposure, mostly at work, is almost
entirely to blame for the lung cancer, mesothelioma that has an incubation
period of around 35-40 years. Every year around 2,500 people are diagnosed with
the disease that kills within 18 months.
Six years ago, four insurance companies –
Excess, Independent, Builders Accident and Municipal Mutual – combined
resources to argue that employers’ liability insurance cover was ‘triggered’
not by the exposure many decades previously that caused it, but when the
symptoms emerged decades later when there is no insurance in place to respond
the claim.
With compensation claims often rightly
exceeding £100,000 the four companies were clearly hoping to evade their
historic responsibilities and boost their bottom line. People before profit? No
chance, and their actions held up the legitimate claims - estimated to total
anything up to £1 billion – for thousands of people.
The fact that they haven’t destroyed them for
good is because Unite employed Thompsons solicitors and Devereux Chambers, both
specialists in health and safety law, to support the appeal by the family of
Charles O’Farrell, a member who died of mesothelioma shortly after retiring
nine years ago.
The insurers had ‘unpicked’ the words in their
own insurance policies to convince the court of appeal of their case. However,
following an eight-day hearing at the supreme court in December it was
announced that Unite’s appeal had been upheld and the insurance companies had
to pay compensation.
Daughter Maureen Edwards “delight” was
naturally tempered by her dad not having had the time to enjoy his retirement
and by needing to wage “such a long battle.”
One, which if it had been lost could have cost
Unite £1.5 million. “It was the right thing to do,” says Howard Beckett,
Unite’s director of legal affairs, “as otherwise families of mesothelioma
sufferers would be unable to make a claim in the future. Our thousands of hours
of work proved worthwhile.
But we also know that bad practices that injure
workers or expose them to harmful substances are not ended by employers’
goodwill. It’s through trade union organisation and a fear of litigation that
drives up insurance costs. Asbestos is the perfect example and now we have in
place much safer ways of dealing with it or not using it all.”
Tough for justice
Despite the success the future is a lot less
bright for other victims of workplace illnesses and accidents after the
Government refused to support amendments, proposed by the House of Lords, to
its April Legal Aid Bill.
“Unfortunately in the government’s rush to accuse everybody
of being part of the ‘compensation culture’ they have forgotten that those
injured or exposed to substances at work have nothing to do with this. We
wanted them to make sure those affected remained protected, but they have
ignored our pleas, including those made by asbestos victims groups” said
Beckett.
As a result, says Unite general secretary Len
McCluskey, “justice for ordinary people and the ability of trade unions to
bring similar cases will be extremely difficult in the future.”
For more info see www.justice-for-all.org.uk
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