Showing posts with label compensation. Show all posts
Showing posts with label compensation. Show all posts
Tuesday, October 7, 2008
Ex Virginia Shipyard Worker Gets Mesothelioma Compensation
On September 6, 2008, a former shipyard worker won a $4.39 million jury verdict from an Illinois maker of asbestos-related parts that he asserted gave him a terminal form of cancer. The plaintiff, a former worker at Norfolk Shipbuilding and Drydock Corp., was awarded $4 million in compensatory damages and $390,000 ...
Sunday, October 5, 2008
Asbestos victims face new hurdles
A GOVERNMENT bid to cut business red tape could mean dying asbestos victims losing vital time, a legal expert has warned.
From this week, employers are no longer legally required to store their insurance records for 40 years.
This means those suffering from the killer condition mesothelioma could find it harder to trace insurance records.
Roger Maddocks, leading industrial lawyer at Irwin Mitchell Solicitors, Newcastle, warns time could be lost in compensation claims involving people dying of mesothelioma, an industrial disease caused by exposure to asbestos, which afflicts many ex-industrial workers in South Tyneside.
He said: "Employers will no longer have to keep backdated evidence of their Employers' Liability Insurance, and this means we will not easily be able to identify the insurer responsible for the time at which exposure occurred."
Mr Maddocks has argued that following the law change, insurers should be obliged to contribute towards a central pot of money to provide a safety net for victims when insurers cannot be traced.
And in another move, fresh calls were made this week for a controversial legal decision on pleural plaques to be overturned.
Pleural plaques is scarring of the lung issue, caused by exposure to asbestos, which can lead to full-blown mesothelioma. But the right to compensation for pleural plaques was overturned by the House of Lords last year.
The Government later published a consultation paper in response to mounting pressure to either overturn the decision or provide an alternative solution for those diagnosed with the condition.
Martin Bare, past president of the Association of Personal Injury Lawyers, said the fact the Scottish Parliament had already proposed legislation to overturn the decision would make it 'inherently unfair' if Westminster did not follow suit for victims in England and Wales.
He said: "The Government should follow the Scottish Parliament's lead and overturn the Lords' decision."
From this week, employers are no longer legally required to store their insurance records for 40 years.
This means those suffering from the killer condition mesothelioma could find it harder to trace insurance records.
Roger Maddocks, leading industrial lawyer at Irwin Mitchell Solicitors, Newcastle, warns time could be lost in compensation claims involving people dying of mesothelioma, an industrial disease caused by exposure to asbestos, which afflicts many ex-industrial workers in South Tyneside.
He said: "Employers will no longer have to keep backdated evidence of their Employers' Liability Insurance, and this means we will not easily be able to identify the insurer responsible for the time at which exposure occurred."
Mr Maddocks has argued that following the law change, insurers should be obliged to contribute towards a central pot of money to provide a safety net for victims when insurers cannot be traced.
And in another move, fresh calls were made this week for a controversial legal decision on pleural plaques to be overturned.
Pleural plaques is scarring of the lung issue, caused by exposure to asbestos, which can lead to full-blown mesothelioma. But the right to compensation for pleural plaques was overturned by the House of Lords last year.
The Government later published a consultation paper in response to mounting pressure to either overturn the decision or provide an alternative solution for those diagnosed with the condition.
Martin Bare, past president of the Association of Personal Injury Lawyers, said the fact the Scottish Parliament had already proposed legislation to overturn the decision would make it 'inherently unfair' if Westminster did not follow suit for victims in England and Wales.
He said: "The Government should follow the Scottish Parliament's lead and overturn the Lords' decision."
Saturday, October 4, 2008
Pay-outs, compensation for asbestos cancer sufferers
COMPENSATION can now be paid to South Yorkshire sufferers of asbestos-related cancer who contracted the illness after breathing in dust from relatives' work clothes.
The Government scheme entitles relatives who develop mesothelioma to a lump sum in compensation.
The system previously only helped those who were exposed to asbestos at work but whose employers were no longer in business.
Adrian Budgen of Irwin Mitchell, which deals with industrial illness claims, welcomed the new scheme but said more needed to be done.
He said: "Still not enough is done by government agencies to help those with the disease.
"The fact remains thousands of people in the UK are expected to develop mesothelioma in the coming years and yet we still have to fight for every scrap of compensation we can get to provide support and comfort for them in their final days. What is most sickening is that in a large number of cases the disease was caused by employers exposing their staff to asbestos while fully aware of its dangers.
"People are horrified nowadays to hear workers in other countries are exposed to potentially deadly working conditions – but it went on in the UK for decades in the last century and little was done about it. Now people are falling terminally ill as a result and, frankly, there is still comparatively little being done by government agencies to support them."
The Government scheme entitles relatives who develop mesothelioma to a lump sum in compensation.
The system previously only helped those who were exposed to asbestos at work but whose employers were no longer in business.
Adrian Budgen of Irwin Mitchell, which deals with industrial illness claims, welcomed the new scheme but said more needed to be done.
He said: "Still not enough is done by government agencies to help those with the disease.
"The fact remains thousands of people in the UK are expected to develop mesothelioma in the coming years and yet we still have to fight for every scrap of compensation we can get to provide support and comfort for them in their final days. What is most sickening is that in a large number of cases the disease was caused by employers exposing their staff to asbestos while fully aware of its dangers.
"People are horrified nowadays to hear workers in other countries are exposed to potentially deadly working conditions – but it went on in the UK for decades in the last century and little was done about it. Now people are falling terminally ill as a result and, frankly, there is still comparatively little being done by government agencies to support them."
Thursday, October 2, 2008
Mesothelioma scheme victims forced to pay
A new government scheme to pay a lump sum to all mesothelioma sufferers, irrespective of occupational exposure, came into effect yesterday (1 October).
However, some asbestos victims are shocked and appalled to discover that some asbestosis sufferers and some mesothelioma sufferers will lose compensation in order to fund the scheme.
Alan Robinson, who suffers from asbestosis and was exposed to asbestos at Rochdale's T&N factory, said: “I stand to receive about £8,000 from a T&N Fund instead of the £50,000 I should have got. The government is going to recover £4,334 and I will be left with £3,666 from the Fund. Had I concluded my claim a few months ago I would have had nearly £12,000 in compensation. That’s been cut by a third. I fully support a lump sum payment to all mesothelioma sufferers, that is a right thing to do, but it is wrong to fund the new scheme by hitting asbestos victims like me.”
Asbestosis victims who cannot trace all the employers who exposed them to asbestos are only paid a proportion of damages in law. Consequently the courts did not allow them to lose the whole of their government lump sum payment.
From today, this will change and the government will recover the full lump sum from partial damages in law.
Turner & Newall victims, who only receive a small percentage of their compensation from T&N Funds, were allowed to keep government lump sum payments. From today, this will change and the government will recover the full lump sum.
The Asbestos Victims Support Groups Forum believe that government recovery is not an unintended consequence of the new Act. Chairman Tony Whitston said: "It is deliberate policy and asbestos victims and the Forum are calling on government to amend the legislation so that asbestos victims do not end up funding the new scheme.
“The government never made it clear when it received so many plaudits for introducing the new scheme that it would use compensation from some asbestosis victims and some mesothelioma sufferers who worked for T&N to fund the new scheme. We are calling on government to take immediate steps to stop funding the new scheme by reducing further small amounts of compensation received by asbestos victims.”
Jason Addy, chairman of the Save Spodden Valley group, who have campaigned on behalf of Rochdale's asbestosis sufferers, agreed that the new scheme offers little joy to former T&N employees.
He said: "Although no amount of monetary compensation can replace the death of a loved one from this terrible asbestos cancer, there is an added injustice to those former T&N workers harmed by asbestos.
"As the example given by Tony Whitston shows, the deductions from what was already a relatively low amount of compensation can mean that asbestos cancer victims get a pittance.
"The further injustices that are now apparent with the fine detail of the new Scheme will be an important matter raised at the next All-Party subcommittee on Asbestos later this month.
"With cross-party action we welcome justice for those who need help at this most vulnerble time."
However, some asbestos victims are shocked and appalled to discover that some asbestosis sufferers and some mesothelioma sufferers will lose compensation in order to fund the scheme.
Alan Robinson, who suffers from asbestosis and was exposed to asbestos at Rochdale's T&N factory, said: “I stand to receive about £8,000 from a T&N Fund instead of the £50,000 I should have got. The government is going to recover £4,334 and I will be left with £3,666 from the Fund. Had I concluded my claim a few months ago I would have had nearly £12,000 in compensation. That’s been cut by a third. I fully support a lump sum payment to all mesothelioma sufferers, that is a right thing to do, but it is wrong to fund the new scheme by hitting asbestos victims like me.”
Asbestosis victims who cannot trace all the employers who exposed them to asbestos are only paid a proportion of damages in law. Consequently the courts did not allow them to lose the whole of their government lump sum payment.
From today, this will change and the government will recover the full lump sum from partial damages in law.
Turner & Newall victims, who only receive a small percentage of their compensation from T&N Funds, were allowed to keep government lump sum payments. From today, this will change and the government will recover the full lump sum.
The Asbestos Victims Support Groups Forum believe that government recovery is not an unintended consequence of the new Act. Chairman Tony Whitston said: "It is deliberate policy and asbestos victims and the Forum are calling on government to amend the legislation so that asbestos victims do not end up funding the new scheme.
“The government never made it clear when it received so many plaudits for introducing the new scheme that it would use compensation from some asbestosis victims and some mesothelioma sufferers who worked for T&N to fund the new scheme. We are calling on government to take immediate steps to stop funding the new scheme by reducing further small amounts of compensation received by asbestos victims.”
Jason Addy, chairman of the Save Spodden Valley group, who have campaigned on behalf of Rochdale's asbestosis sufferers, agreed that the new scheme offers little joy to former T&N employees.
He said: "Although no amount of monetary compensation can replace the death of a loved one from this terrible asbestos cancer, there is an added injustice to those former T&N workers harmed by asbestos.
"As the example given by Tony Whitston shows, the deductions from what was already a relatively low amount of compensation can mean that asbestos cancer victims get a pittance.
"The further injustices that are now apparent with the fine detail of the new Scheme will be an important matter raised at the next All-Party subcommittee on Asbestos later this month.
"With cross-party action we welcome justice for those who need help at this most vulnerble time."
Sunday, September 28, 2008
Pleural Cancer Mesothelioma Treatment Lawyer Lawsuits
Mesothelioma is and will be for a long time an emotive subject as many people have died from this terrible disease and when it comes to taking a case to court, you should be in no doubt that if you want to succeed with your claim you will need the services of a mesothelioma lawyer. These cases are rarely as straight forward as they first appear but the advice given below may help you a little. The first piece of advice is to trust your instincts because if you do not feel at ease in their presence or talking to them you will not be able to operate and will need to search for someone all over again.
Of course the quickest and simplest way to check a mesothelioma lawyer’s credentials and profile is by using the services supplied on the internet. Make sure the firm is customer-oriented for instance; do they allow you direct access to the lawyer who is actually responsible for your case and do they return your phone calls promptly?
Although sometimes it sounds a little old fashioned; the customer should come first and there is nothing wrong with demanding a high level of service and to have your case handled as an individual one and not as part of some long term application where many are involved. If you cannot find a mesothelioma lawyer locally with sufficient experience then look outside your area, nationally if necessary. Good trial experience is a must as if he fails in this area and it does go to trial than this experience or lack of it will make or break the case for you.
Your lawyer should also have training in negotiation but you will need proof of how good their settlement value track record is. This is an where many attorneys fall down as they have not taken any training even though they may spend a great deal of time dealing with cases that require it. There are occasions where groups of lawyers or legal firms will get together over a particular law suit to strengthen their position so if this is the case, find out what companies your lawyer allies himself or herself with.
If you can try to find a mesothelioma lawyer that will work on a no win no fee basis as it will be they and their firm that will be taking the risk. Now this is good as far as you are concerned because you don’t pay any out of pocket costs until the firm recovers compensation for you and those fees are a percentage of the recovery.
Check to see if the lawyer is AARP-approved because if not, you will need to go to the AARP Legal Services Network to find a lawyer. A twenty percent discount on the normal legal fees may also be available for members of the AARP if you are unable to find a mesothelioma lawyer that does not work on a no-win-no-fee basis.
The legal representation you receive in your case will probably be the deciding factor, so don’t rush into employing the first mesothelioma lawyer that comes along. There are some really good lawyers out there who are genuinely interested in helping others and your case is as deserving as anyone’s.
Of course the quickest and simplest way to check a mesothelioma lawyer’s credentials and profile is by using the services supplied on the internet. Make sure the firm is customer-oriented for instance; do they allow you direct access to the lawyer who is actually responsible for your case and do they return your phone calls promptly?
Although sometimes it sounds a little old fashioned; the customer should come first and there is nothing wrong with demanding a high level of service and to have your case handled as an individual one and not as part of some long term application where many are involved. If you cannot find a mesothelioma lawyer locally with sufficient experience then look outside your area, nationally if necessary. Good trial experience is a must as if he fails in this area and it does go to trial than this experience or lack of it will make or break the case for you.
Your lawyer should also have training in negotiation but you will need proof of how good their settlement value track record is. This is an where many attorneys fall down as they have not taken any training even though they may spend a great deal of time dealing with cases that require it. There are occasions where groups of lawyers or legal firms will get together over a particular law suit to strengthen their position so if this is the case, find out what companies your lawyer allies himself or herself with.
If you can try to find a mesothelioma lawyer that will work on a no win no fee basis as it will be they and their firm that will be taking the risk. Now this is good as far as you are concerned because you don’t pay any out of pocket costs until the firm recovers compensation for you and those fees are a percentage of the recovery.
Check to see if the lawyer is AARP-approved because if not, you will need to go to the AARP Legal Services Network to find a lawyer. A twenty percent discount on the normal legal fees may also be available for members of the AARP if you are unable to find a mesothelioma lawyer that does not work on a no-win-no-fee basis.
The legal representation you receive in your case will probably be the deciding factor, so don’t rush into employing the first mesothelioma lawyer that comes along. There are some really good lawyers out there who are genuinely interested in helping others and your case is as deserving as anyone’s.
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