SAS Daniels LLP can help businesses defend uninsured liability claims for asbestos related diseases

Liability claims for asbestosis and other asbestos-related illnesses caused by an employees exposure sometimes as long as 30 or 40 years ago, are putting businesses (often ex-employers) at risk of incurring the huge costs associated with an uninsured liability claim.

It applies to industries that may have exposed their workers to asbestos or noise, resulting in claims for lung cancer, asbestosis and deafness.

“Because these diseases have a latent period of decades between exposure and symptoms or diagnosis, and hence claim, the employer may not have retained its employer’s liability insurance documents,” said Nicola Winslett, Personal Injury Partner at SAS Daniels LLP.

“Indeed employers’ liability insurance wasn’t compulsory until 1969, so the employer may not ever have had insurance at all. This means that the employer may have to pay out the claim from its own pocket and a claim may well run into six figures, plus the claimants costs and the company’s own legal costs.

“Obviously, this sort of uninsured liability has the potential to put a company into liquidation or administration, especially in the current trading climate.”

SAS Daniels LLP can help companies to trace insurance details and documents where they may have existed many years ago and where documents can’t be traced, a claim can be defended. In the past this has resulted in a six figure claim being dropped, and a £30k claim being settled for £1k.

“I’d urge employers and businesses to make sure their affairs are in order – in some instances, we’re able to help trace the insurance company used at the time – there are options open – even though many years have elapsed,” said Nicola.

“The Health and Safety Executive estimate that 25,000 deaths have occurred due to Mesothelioma to date and a further 25,000 will occur by 2035 – so there are many businesses out there that may be under threat of uninsured claims against them.”

SAS Daniels LLP solicitors has offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

For more information contact Nicola Winslett