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Barriers to justice

Some injured people simply cannot bring a 

case for compensation against those who 

caused the harm for various reasons, some 

of which are detailed in the following pages.

 

People enduring the pain and impact of a 

needless injury also suffer unjust financial 

losses if they are not compensated.  The 

cash-strapped NHS also has to pick up the 

bill for treatment and care, instead of the 

responsible wrongdoer.

For others, the system does not go far 

enough to put them back in the position in 

which they would have been were it not for 

someone’s negligent actions. 

Workplace diseases

Some workers exposed to asbestos go on to develop mesothelioma, 

an aggressive and fatal lung cancer which is caused exclusively by 

asbestos. Because it can take many years for the mesothelioma 

to emerge, it can often be difficult to track down the responsible 

employer and the employer’s insurer for compensation.  This is 

because, over time, records have been lost or destroyed. In 2013, 

the Diffuse Mesothelioma Payment Scheme was established by 

the Government to pay compensation to these people who cannot 

trace their former employers’ insurers. While this is a good start in 

terms of finding justice and support for victims and their families, 

mesothelioma is not the only asbestos-related killer. Victims of other 

asbestos-related cancers and workplace injuries have no such scheme 

to which they can turn.