Background
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
0800 0322210 for immediate
advice
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