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"Fund of last resort" plans urged

02/12/2009

Plans for a "fund of last resort" that will compensate victims of long-term, work-related illnesses and injuries have been announced by the Government.

Plans for a "fund of last resort" that will compensate victims of long-term, work-related illnesses and injuries have been announced by the Government.

Work and Pensions Minister Lord McKenzie of Luton said the Government is aiming to "move ahead and examine" plans for an "employers' liability insurance bureau" in "a matter of weeks rather than months" to rectify the current situation which he described as "not satisfactory".

The plans will aim to address a flaw in the current system which means that many employees were not able to access compensation for injuries or illnesses acquired at work, particularly if a long period of time has elapsed before symptoms became apparent.

Appearing on BBC's Question Time, Lord McKenzie was asked by Labour's Baroness Turner of Camden: "Especially as far as long-latency diseases are concerned it can be impossible to trace the insurer because records have been lost or destroyed and that means that people cannot claim compensation which they need and deserve and this may affect many, many vulnerable people."

Lord McKenzie replied: "We fully accept that the current arrangements for tracing employers' liability insurance policies are not satisfactory and that too many individuals are not able to access the compensation they deserve particularly in relation to long-latency diseases such as mesothelioma."

Copyright © Press Association 2009

http://www.dwp.gov.uk/ (Department of Work and Pensions)

David Urpeth, National Head of Workplace Injuries and Illness at law firm Irwin Mitchell said: “I welcome the announcement of the Government and commend them for taking action. This recognition that the current situation is not satisfactory, and that there is a need to act urgently, has been long overdue.

“People have a right to go to work and come home unharmed and healthy. It is unacceptable to think that so many people are injured or made ill as a result of someone else’s negligence.

“Compensation is not a windfall but necessary funds to allow struggling victims, and their families, come to terms with what happened, and start to rebuild their lives. Therefore, this proposal to simplify the process and potentially introduce an Employer’s Liability Insurance Bureau could not be more welcome to us, or the victims of injury and illness that we represent.”

Urpeth continued that the changes could benefit thousands of people, with the latest Health and Safety statistics* showing that more than 2156 people died from mesothelioma in 2007 and in 2008/09 hundreds of thousands of people were injured at work and 180 people died as a result.

He said: “The most important thing for us is that health and safety is at the top of every employer’s agenda.  If people are injured, or killed at work, it is only right and proper that they, or their families, have access to justice and the compensation they deserve.”

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