Thompsons have hailed government plans to halt the ‘claw back’ of compensation paid to asbestos sufferers by Turner & Newall Trust as a victory for justice.
Thompsons, acting for Unite the Union, helped persuade the government to change the law and prevent lump sum compensation payments made under the Pneumoconiosis Workers Compensation Act (PWCA) 1979 from being taken back from those who also receive a payment from a T&N Trust.
The changes will come into effect on 13 July 2009. Currently, asbestos sufferers are entitled to a lump sum compensation payment from the Government on account of their illness. However, if they subsequently make a civil compensation claim against the Trust, the original lump sum had to be paid back.
This situation is understandable in principle, however is inherently unfair for asbestos victims receiving their compensation from a trust fund, such as that of Turner & Newall.
The reason it is unfair is because compensation paid through the T&N trust fund is already of a significantly reduced value.
Following the change in law, the Trust will not have to refund to the Secretary of State any lump sum payments already made and the injured party will not have their compensation award reduced on account of any lump sum already paid.
Thompsons Senior Partner, Frank Maguire, has welcomed the change in the law as a positive step forward for asbestos victims, he said:
“This change in law is just and overdue. Victims of asbestos related diseases already receive reduced compensation, limited to a dividend, as a result of T & N being a dissolved company.
Our campaigning has highlighted to the Government that asbestos sufferers claiming through the T&N scheme are effectively suffering a reduction from their already depleted compensation through no fault of their own.
Asbestos victims and their families shall benefit through this positive change in legislation.”
Thompsons, Scotland are the experts in obtaining maximum compensation for victims and their families. If you or someone you love has been affected by an Industrial Disease contact our specialist No Win No Fee lawyers today who will be happy to assist you and advise if you have a valid claim for compensation.
