Court Of Appeal Denies Compensation
Friday 8th October 2010
GMB DISGUSTED BY COURT OF
APPEAL RULING DENYING COMPENSATION TO VICTIMS OF ASBESTOS-RELATED
DISEASES
It is now anticipated that a
further appeal against this ruling will be heard by the Supreme
Court says GMB
GMB today commented on the ruling by
the Court of Appeal which accepts the principle that injury is
caused to a victim of asbestos-related diseases at the onset of
physical symptoms, rather than at the time of exposure.
John McClean, GMB National Health and
Safety Officer said "This is an unbelievable ruling that
flies in the face of the concept of justice, and shows nothing but
contempt for those suffering from asbestos diseases."
How can it be just that an
insurer can avoid paying compensation for the actions of a
negligent employer, simply because exposure happened many years
previously? It doesn't absolve the employer of their responsibility
or guilt, so why should the insurer avoid payment? They accepted
the premiums at the time, and they should pay now.
This ruling is farcical, and
the tragedy is that many of those suffering form mesothelioma will
die before it is resolved. This cannot stand, and GMB will continue
to campaign for justice for all those affected by
asbestos.
In most cases,
asbestos-related diseases manifest physical symptoms more than 20
years after exposure. This long latency means that in many cases,
the victim has retired from work, often prematurely due to
ill-health; and the employer has ceased operations.
Asbestos-related conditions
include pleural plaques (scarring of the lining of lung);
asbestosis, a chronic lung disease; and mesothelioma, an incurable
form of lung cancer.
The Court of Appeal decision
stems from a case originally taken by the insurance industry in
June 2008, at which the courts found in favour of asbestos victims.
It is now anticipated that a further appeal will be heard by the
Supreme Court.
GMB has a long history of
campaigning on asbestos issues. The union has significant
membership in those sectors most affected by asbestos-related
diseases – construction, lagging and shipbreaking in particular –
and has been at the forefront of recent campaigning activity, most
notably on the struggle to restore compensation for sufferers of
pleural plaques."
Ends
Contact: John
McClean, GMB National Health and Safety Officer, on 07710 631329;
Dan Shears, GMB National Health and Safety Department on 07918
767781; or GMB Press Office: Steve Pryle on 07921 289880 or
Rose Conroy on 07974 251823.