Workplace Report May 2002

Features: Health & Safety

Unions welcome asbestos compensation victory

A court battle on behalf of asbestos disease victims ended in victory this month when Law Lords overturned earlier rulings that could have robbed tens of thousands of asbestos compensation.

Construction union UCATT backed the case for former member Arthur Fairchild's widow Judith, and would have faced legal costs of up to £1 million had it lost.

Insurance companies had hoped a defence centred on the principle of the "fatal fibre" would rule out most compensation settlements. The insurers' lawyers argued that it is possible that cancer could have been caused by just one fibre of asbestos dust. So, if a worker was exposed to asbestos at more than one company, it was not possible to say which was the source of the fatal fibre.

The Lords' decision establishes that claims can now be made against all the employers who exposed a worker to risk and the insurance companies, mainly Eagle Star, Norwich Union and Iron Trades, could now face compensation payouts of up to £8 billion. Five hundred cases that were frozen pending the court ruling can now proceed.

UCATT general secretary George Brumwell, a life long campaigner against asbestos, said: "This judgment will help tens of thousands of sufferers from the asbestos-related disease mesothelioma and will teach the insurance industry a lesson it will never forget."