End insurer windfall in mesothelioma claims29 November 2006
Insurers should repay to the State the money insurers deduct from mesothelioma victims' compensation payments, says leading claimant law firm Thompsons.
The firm has called for the Department of Work and Pensions (DWP) to end the windfall to insurers which results in payments made to claimants under the Pneumoconiosis Workers Compensation Act 1979 being deducted from the total amount the defendant company or their insurer must pay to the victim in successful compensation cases.
Returning the money to the State would provide funds to be invested in further improvements to mesothelioma claims handling.
Thompsons' submission to the DWP's consultation on improving claims handling also calls for an "Insurance fund of last resort" to compensate mesothelioma victims where the employer no longer exists and an insurer cannot be traced.
Ian McFall, national head of asbestos litigation at Thompsons said: “Negligent employers and their insurers should not be entitled to benefit from state funds which are intended to compensate mesothelioma victims. It offends the principle that the wrongdoer should pay."
To read the full response by Thompsons Solicitors, visit Department of Work and Pensions - Improving Mesothelioma Claims Handling: A Long Term Solution
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