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With the introduction of the Compensation Act coming into force on the 25th July 2006 Mesothelioma claimants can now pursue and recover 100 percent compensation claims as the Act now overturns the decision made by the House of Lords in the case of Barker v Corus. It was said in this compensation claim that each employer would only have to pay a fraction of the compensation claim relational to the time the claimant was exposed to the Asbestos. This made claiming for Mesothelioma compensation an often complicated and long winded process.
Before the introduction of the Act the FSCS (The Financial Services Compensation Scheme) would sometimes make financial payments to the mesothelioma claimants which in turn reduced the amount employers and their respective insurers would pay, only if one of the insurers was insolvent and where the claimant had not received full payment for the personal Injury compensation claim.
This Act now ensures that the insurer pays out compensation to the claimant first with the subsequent ability to claim a repayment from the Financial Services Compensation after the compensation claim has been settled. On the 22nd September 2006 the Financial Services Authority and the Treasury began a joint consultation on how the changes would be bought into action, it is hoped talks and consultations will end in October.
If you are a mesothelioma sufferer and believe you are entitled to personal injury compensation call our compensation solicitors number now or simply fill out one of our online enquiry forms online compensation claim form
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