Tackling long-term illness claims
Businesses can be presented with claims for long term
ailments, such as industrial deafness or disease from individuals
they employed years ago and who contend the problem either arose or
was exacerbated during their period of employment.
Often, the claim may be pursued against several different
employers if the individual had been exposed to a similar
environment with other companies.
As part of our service, MPW will assist clients in tracing their
Insurers before our appointment as their brokers.
We can report some significant successes enabling our clients to
involve long cancelled and previously forgotten policies rather
than fund such unforeseen claims from their own resources.
In one case, we were able to trace an Insurer who had provided
cover in the 1950s. Our client was contacted by the employee's
estate following his death as a result of asbestos related exposure
arising over 60 years ago.
Their records were inadequate and we were able to recommend a
specialist archaeologist to trace the insurers who then agreed a
six figure claim settlement.
This example highlights the importance of maintaining records
particularly for businesses that are long established.
The Insurance profession recognises that there will not always
be such fortunate outcomes and the Employers Liability Tracing
Office has now established a central register and will retain
relevant details that Insurers will be obliged to supply to
Claims for industrial illness tend to be dealt with
sympathetically by the courts. Even if the claimant had worked for
several different employers, those currently trading would be left
to share any claim. In the absence of appropriate insurance
records, such businesses will be left to pay these claims from
their hard earned reserves.
So how good are your insurance records?
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