At Asbestos Justice, we are pleased to hear that the Labour MP for West Dunbartonshire, Douglas McAllister, has called for an urgent parliamentary debate regarding compensation for individuals suffering from asbestos-related lung cancer. This follows his meeting with the Association of Personal Injury Lawyers (APIL).
In collaboration with the Asbestos Victims Support Groups Forum, Mr. McAllister is advocating for changes to the law that would ensure individuals diagnosed with asbestos-related lung cancer, receive full compensation.
This would be the case even if they cannot identify all the employers responsible for their exposure to asbestos, as is currently possible with mesothelioma claims. On many occasions we have represented sufferers with lung cancer who are unfortunately unable to claim the full amount of their claim due to gaps in insurance coverage relating to their period of exposure.
Lung Cancer seen as a Divisible Disease
For over 10 years, asbestos-related lung cancer has been treated by the courts as a divisible condition, meaning that Claimants must successfully pursue all parties that exposed them to harmful amounts of asbestos dust in order to recover 100% of their compensation.
In his speech to the House of Commons, Mr. McAllister highlighted that the Compensation Act 2006, introduced by the previous Labour Government, made it easier for mesothelioma victims to claim full compensation even without being able to trace all their former employers. However, this provision does not extend to those suffering from asbestos-related lung cancer. In mesothelioma claims, it need only be showed that a Defendant employer exposed a Claimant to more than 1% of their total dose of asbestos dust exposure in order to succeed in recovering 100% of the value of the claim.
Quest for Fairness
Mr. McAllister has called on Lucy Powell, Leader of the House of Commons, to schedule a debate on this important issue, emphasising the need to address this “injustice” and ensure that victims of asbestos exposure receive the full and fair compensation they are entitled to.
Asbestos Justice strongly support this campaign, which, if successful, will provide lung cancer sufferers with the justice they deserve.
How Can We Help?
If you require assistance with a mesothelioma or lung cancer claim or believe you have a valid claim for any other asbestos-related condition, we can help. Contact us today on our free phone number 0800 038 6767.
Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.