A Court of Appeal decision earlier this year has given a much needed boost to mesothelioma sufferers and their families in that they should now be more likely to be awarded appropriate levels of compensation from employers who had exposed them to asbestos exposure without adequate protection or warnings. The UK has one of the worst records of mesothelioma and asbestos related deaths in the world, with asbestos use only having been completely banned in 1985. In comparison, Sweden banned asbestos use for insulation purposes in 1972.

The decision, in the case of Veronica Bussey, in effect replaces existing and often quoted research and data from by the HM Factory Inspectorate (a predecessor of the Health and Safety Executive) in the 1970’s that has wrongly been used by defendants in similar mesothelioma and asbestosis cases to suggest that there are “safe” levels of asbestos exposure that people could work in. The previous data would often be used to absolve employers of responsibility or negligence, thus denying claimants access to the compensation they deserved.

It is hoped that the Court of Appeal decision in February should now pave the way in providing innocent sufferers of this nasty disease with access to appropriate compensation. Unfortunately, whilst many sufferers die before their cases are concluded, at least dependents are now more likely to receive adequate compensation to provide some financial security.

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