Jogi ismeretek | Munkajog » Mesothelioma, Further Employers Liability Compulsory Insurance Support

Source: http://www.doksinet Written Ministerial Statement 25 July 2012 THE DEPARTMENT FOR WORK AND PENSIONS Mesothelioma: Further Employers’ Liability Compulsory Insurance Support The Minister for Welfare Reform (Lord Freud): Today I am publishing the Government’s response to the public consultation, Accessing Compensation – Supporting people who need to trace Employers’ Liability Insurance http://www.dwpgovuk/consultations/2010/accessing-compensation-elcishtmlThe consultation was launched by the last Government due to growing concerns about the situation faced by people who are injured or made ill through their employment but are unable to claim damages because their employer no longer exists and the relevant Employers’ Liability (EL) insurer cannot be found. The consultation proposed the establishment of an Employers’ Liability Insurance Bureau but the Government is not persuaded that this should be established. We are, however, persuaded of the unique and special

position that those suffering from mesothelioma find themselves in. We propose to bring forward legislation when parliamentary time allows enabling a scheme to be set up to make payments so that anyone who is diagnosed from today with diffuse mesothelioma, as a result of their negligent exposure to asbestos at work, and who is unable to trace their liable employer or their employer’s EL insurance policy to claim against, would be eligible to claim from this scheme. The scheme is intended to be funded by a levy on active EL insurers based on their gross written premium. These proposals require primary legislation so that all active EL insurers contribute to the levy. We therefore hope to introduce a Bill, when parliamentary time allows, where further details of the scheme will be outlined. This reflects the Government’s position that there is a special case for providing additional support for people with diffuse mesothelioma, given the nature of this terrible disease, its terminal

prognosis and the need for urgent action due to mesothelioma deaths peaking soon after 2015. The consultation also proposed an Employers’ Liability Tracing Office (ELTO). I am pleased to note that, in advance of the Government’s response to the consultation, the Association of British Insurers has already set up an ELTO, which was introduced in April 2011. ELTO is an electronic database of EL policies to which 99% of the EL insurers provide data and over time this should substantially increase the numbers of traced EL policies so that more people can get the compensation they deserve. We wait with interest to see its first results later this year. While Financial Services Authority rules have made it compulsory for EL insurers to publish online details of the EL insurance they provide, membership of ELTO is currently voluntary. So our proposed new primary legislation would also require all insurers (including active and Source: http://www.doksinet run-off insurers) that provide

EL insurance to become members of ELTO and abide by its rules on effective tracing. In order to resolve disputes over evidence of cover, ELTO will establish a Technical Committee whose decisions on EL insurance will be binding on its members. The Government is of the view that there should be a mesothelioma pre-action protocol in order to ensure that these claims are processed and settled as quickly as possible. I can confirm that my colleague, Jonathan Djanogly at the Ministry of Justice has asked the Master of the Rolls to look at introducing a new Pre-Action Protocol to expedite the pre-litigation process for mesothelioma claims. The Master of the Rolls has asked the Civil Justice Council to look into this as a matter of urgency In addition the insurance industry has agreed to introduce an electronic portal for registering mesothelioma claims so they are dealt with in a structured way to support the speed and efficiency of making settlements. The Government recognises that the cost

of civil litigation is too high, including in mesothelioma cases, and is seeking to address this. The Government is changing the no win no fee conditional fee agreement (CFA) regime from April 2013. However, the new regime will not apply to mesothelioma claims funded under CFAs until a review has been carried out in accordance with section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Ministry of Justice and the Department for Work and Pensions will work together to ensure that implementation occurs in a synchronised way. The Ministry of Justice is continuing to work with interested parties to prepare the way for commencement of the Third Parties (Rights Against Insurers) Act 2010, which will help to streamline the process of bringing a claim for civil compensation for mesothelioma where the defendant is insolvent and insured. As we develop these initiatives, further announcements will be made. Later today I will place a copy of the Governments full response

to the consultation in the House Libraries