If an employee suffers an industrial disease, such as deafness, industrial cancer, asbestosis and other lung conditions, back damage etc, there is a strong likelihood that the problem was caused over many years covering his/her employment with a number of different businesses.
Some of these may have gone out of business. It can be difficult establishing who was to blame and the insurer at the time. When establishing who is to pay compensation, a decision is often made that a number of employers are responsible and costs should be shared. For solicitors, claimants and current employers and insurers, deciding which insurer should pay what, is a daunting challenge often leading to long delays and extra legal costs.
Since 1999, the insurance industry has through its trade association, The ABI, operated a voluntary code of practice and has searched through a database to try and short cut the process. This has worked reasonable well but it was felt a more effective tracing solution was required. The result has been the setting up in 2010 of the Employers Liability Tracing Office (ELTO). This establishes a central database to store information provided on a voluntary basis by all members of the ABI. This database should enable claimants and their legal representatives quick and easy access to a database of employers liability policies through an online facility.
This solution should speed up the process, reduce litigation costs and above all ensure that those who have suffered an industrial disease can obtain their full compensation much quicker.
Even if we are not your insurance broker, we can offer free support for you with any difficult insurance claims. Please call Stephen Hegarty on 0118 979 2121 to discuss this further.
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