Action Mesothelioma day highlights the changing landscape of claims

With Action Mesothelioma Day fast approaching on 1 July, raising awareness of the disease and its effects continues to be a priority advises Moore Blatch Resolve.

Whilst the primary focus of any campaign is prevention and remembering the lives which have been lost as a result of the disease – the legal changes that have occurred in the past twelve months have helped sufferers gain considerable legal rights and need to be highlighted.  

Moore Blatch Resolve, Senior Solicitor, Michael Osborne says mesothelioma and other asbestos diseases change the lives of victims and their families forever, but thanks to changes in the law more sufferers can claim compensation to help with the consequences of illness.

The Health and Safety Executive (HSE), the national independent watchdog confirms that deaths from mesothelioma in 2008 reached 2,249 compared with 153 in 1968 and are expected to peak around 2016.

Michael comments: “The latency period between exposure and onset can be as much as 30-40 years and can come as a total shock to sufferers.

“The latest changes recognise the distressing effect of the disease and will allow more people to pursue claims, making companies more accountable for permitting the exposure,” he said.

So exactly what legal developments have taken place that sufferers should be aware of? Michael details the two main changes below:

• Following a landmark ruling in the Supreme Court, some people exposed to low levels of asbestos are also now able to claim. With legal action no longer restricted to workers in trades where asbestos was widespread, such as shipbuilding and engineering; teachers, office workers, lab technicians, carpenters, electricians as well as many more may be able to make a stand.

• Companies which exposed their workers to asbestos as far back as the early 1940’s will now also foot the bill for hospice care of sufferers that develop asbestos-related diseases in the future. With more than 2,000 new cases every year the cost of care to hospices is extremely high and is likely to continue to climb. Now hospices have been given the green light to claim back these costs from companies responsible for causing the asbestos-related diseases.