Employers liability could be hurt by Asbestos test case

The test case currently going through the High court could see an end to insurers paying out for victims of exposure to asbestos.

At the heart of the case is when employers liability becomes active for asbestos related diseases, either when it is first diagnosed or when exposure first occurred.

The result will have far reaching implications for the construction and manufacturing industries.

Asbestos related diseases typically surface some 30 to 40 years after exposure and with asbestos principally used in the 1960’s and 1970’s the number of cases are not expected to peak for another 10 years.

The case has been seen as a cynical attempt by insurance companies to shirk their responsibilities regarding employers liability insurance.

A success for the insurers would see an end to victims receiving compensation when the company they used to work for has already gone out of business. As presently they receive payment from the insurance company that underwrote the employers liability insurance cover at the time.

09/07/2008 09:07:56