Media Statement from Irwin Mitchell in Response to TUC Press Release Britains Disposable Workers Culture



May 22, 2005 -- Adrian Budgen is a partner with national law firm, Irwin Mitchell, and specialises in industrial disease litigation. He comments: "Sadly, the number of asbestos-related mesothelioma cases is on the increase. This upturn is, in itself, not particularly surprising, as we know that it invariably takes upwards of 20 years from time of exposure to the onset of symptoms. Moreover, unlike other forms of cancer, we have every reason to believe that the incidence of mesothelioma and asbestos-related lung cancer cases will rise further and medical experts expect numbers to peak by around the year 2015.

"Particularly shocking, however, is the number of very young victims which mesothelioma, once thought to be an 'old person's disease', is now claiming.

"Irwin Mitchell has recently represented a number of clients all under the age of 40, who have been diagnosed with mesothelioma, including the case of Mr Barry Welch, a 32 year old father of three, who sadly lost his fight against the disease on 27th April. He is believed to be the youngest person in the UK to have contracted the asbestos-related cancer, to date.

"We very much welcome the TUC's latest report, which highlights the plight of many workers who are being failed by the current compensation system. This seems to be occurring for a number of reasons. In some instances, a person can find that they have a valid claim but cannot pursue it because their employer has since ceased trading or did not have the necessary liability insurance in place, which was not made compulsory until 1972.

Adrian continues: "Others, like Mr Welch, are not provided with the necessary financial support because, having contracted mesothelioma through domestic or environmental exposure, they are not eligible to claim the usual industrial injury benefits which paid employees have access to. Self-employed individuals find themselves in a similar position because of the limitations of the DWP's 1979 Workers' Compensation Act scheme.

"Whilst it would be unrealistic to expect radical reforms to the present system, nevertheless there is a number of changes which, if implemented, would greatly simplify the claims process for many sufferers of mesothelioma and other industrial related diseases.

"We believe that the Association of British Insurers' (ABI) voluntary code for tracing details of employers' liability insurers should be improved, with sanctions imposed for failure to comply. In our view, there should also be compulsory notification of the identity of employers' liability insurers to Companies House at the same time that a company lodges its Annual Report & Accounts. This would provide a simplified method for directly accessing insurers' details, even if the company concerned has since ceased trading and would greatly speed up the process of pursuing claims.

"We also believe that the current DWP Industrial Injuries Schemes should be overhauled as they are not sufficiently generous and should be extended to provide financial support for the victims of environmental or domestic exposure, as in the case of Barry Welch."





Media Statement from Irwin Mitchell in Response to TUC Press Release Britains Disposable Workers Culture