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The End Of The Road For Mesothelioma - STOP PRESS - NOT NOW
Since publishing this article we are pleased to announce that the position will change back to how it was before this case when the Compensation Bill is made law in October 2006. A clause has been added to restore the position as it was prior to the Barker case. Therefore, an employee will only have to establish liability against one employer to recover compensation for all of the mesothelioma related injuries and losses. The amendment will be applied retrospectively and will therefore apply to all current cases. Therefore, it is not the end of the road for Mesothelioma cases.
The recent decision in the case of Barker v Corus will have far reaching consequences for those who suffer from mesothelioma due to exposure to asbestos over a number of years by different employers.
Until the judgment in the Barker v Corus case on 3rd May 2006 a victim only had to prove that one of several employers over a long period of time had been responsible for exposure to asbestos causing mesothelioma to be entitled to claim compensation for all injuries and losses incurred from that employer. However, now a victim will have to prove the exact extent of the injuries caused by each employer. This will lead to delays in pursuing cases, and if one or more of the employers has since stopped trading and an insurer cannot be found, the victim will not be able to recover compensation for their contribution to the claim.
In addition, if at anytime the victim was self employed and also exposed to asbestos, a reduction could be made from the compensation for the corresponding period of self employment.
Put very simply, it will now be much harder for sufferers of mesothelioma to recover compensation for their injuries and losses.
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