Asbestos claims law challenged by insurers

Categories: Construction Health and Safety |


Asbestos claims law challenged by insurers Insurers in the UK are challenging a decision in Scotland enabling sufferers of pleural plaques as a result of asbestos exposure to claim damages.

Exposure to the substance and failure to use adequate personal protective equipment such as suitable workwear and safety masks has led to many suffering from plaques, which are benign.

MSPs overturned a House of Lords ruling that compensation cannot be claimed, despite Tories and insurers protesting that it ignores medical opinion and could "open the floodgates" for claimants.

A number of insurers, such as Aviva, AXA Insurance and Zurich, have claimed that the MSP ruling contravenes the European Convention of Human Rights, as well as the economic rights of insurers.

Nick Starling, of the Association of British Insurers, commented: "Insurers have not taken this action lightly.

"But as the act is ill conceived, ignores the fundamental legal principle of negligence and clear medical evidence, they feel they have no choice."

HSE guidelines for working with asbestos advise employers to ensure that safety signs are erected near dangerous areas and that appropriate workwear is worn.ADNFCR-1200-ID-19134388-ADNFCR

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