Today employer’s liability insurance is almost taken for granted however it has not always been the case.
The employer’s Liability (Compulsory Insurance) Act 1969 came into force from 01/01/1972 and made it compulsory for employers to take out insurance cover for workers suffering personal injuries at work due to the employer’s negligence.
The purpose of the 1969 Act was to protect workers so that they would always be compensated if they sustained personal injury negligently caused by their work. Therefore if the employer was not able to pay compensation then its insurers would be able to pay the compensation. However, the government missed an opportunity to introduce a no fault system for compensating workers who sustained injury at work.
At common law a worker or his legal advisers must be able to show that the personal injury was the result of the employer’s negligence to be able to claim compensation from the employer or his insurers. The 1969 Act also failed to introduce a system for registering details of employers liability insurance. There has never been a central database for recording details of employers liability insurance, like there is for domestic TV licences and motor car insurance.
Consequently, if the employer ceases trading there is no central register that can be checked to find out the identity of the insurers. Unfortunately, it is the ordinary worker who was intended to be protected by the 1969 Act who is losing out and suffering injustice due to the omissions of the 1969 Act.
The problem is frequently encountered in compensation claims on behalf of victims of asbestos induced respiratory diseases where the exposure to asbestos at work occurred many years ago and the employer company is no longer in existence. See our asbestosis compensation claims page and asbestos compensation case studies for more information on legal action for victims along with information on the symptoms of exposure.
If your employer has failed to prevent or safeguard against your injuries then you may be entitled to no win no fee asbestos compensation. Call HELPLINE TBA for immediate advice.