British Government Set to Determine Asbestos Compensation

November 22, 2009

London, UK: The Independent (UK) recently reported that exposure to asbestos kills about 4,000 people every year, making it the biggest killer in the British workforce, surpassing the number of deaths from traffic accidents. On November 25, a meeting between MPs and government lawyers will determine if people suffering from pleural plaques, which is a condition caused by prolonged asbestos exposure, can be compensated. An increasing asbestos cancer epidemic is not confined to the UK: Will the US and Canada follow suit?



For the past 21 years, UK victims of asbestos exposure, which often led to asbestosis and mesothelioma, were compensated by their employers but in 2007 a test case in the House of Lords decided that compensation can no longer be awarded for pleural plaques (asbestos exposure). According to the Independent, politicians and medical experts accused the British government of pandering to the insurance lobby and claim they are now ignoring crucial new medical evidence which reveals the physical and mental toll of pleural plaques.



The World Health Organization (WHO) says asbestos currently kills at least 90,000 workers every year, and that the asbestos cancer epidemic could claim anywhere between five and 10 million lives before it is banned worldwide and exposure ceases.



For decades, legislative proposals have been introduced in the Senate and the House that would add asbestos to the list of substances for which federally administered compensation programs have been established. However, according to the US Government Accountability Office, the agencies responsible for processing claims have, often taken years to finalize some claims, resulting in some claimants waiting a long time to obtain compensation. And more than likely, some claimants didn't live that long.



Why is the US lagging in its compensation programs? Most claims are swamped in red tape. According to the US Government Accountability Office:



"Factors that affect the amount of time it takes the agencies to finalize claims include statutory and regulatory requirements for determining eligibility, changes in eligibility criteria that increase the volume of claims, the agency's level of experience in handling compensation claims, the availability of funding, factors outside the agencies' control such as incomplete applications being filed by claimants and claimants' difficulties in obtaining the evidence needed to meet the programs' standards of proof, and whether claims decisions can be appealed in the courts."



This coming Wednesday, MPs and others will meet government lawyers to challenge the 2007 Lords decision. "It's a manifest injustice," said Andrew Dismore MP. "The law treats psychological injury differently from physical injury. The insurers are obviously trying to minimize their loss and the Government also has a potential liability for some of these cases. Come what may this issue has to be resolved."