Lawyers are calling on the government to get tough on insurers, following a report which shows the number of industrial disease victims able to trace their employers' insurance policies has plummeted.
A second review of a voluntary government code designed to tackle the problem has revealed successful traces, which are carried out by the insurance industry to assist with compensation claims, fell by 14% in 2002 /2003.
Allan Gore QC, president of the Association of Personal Injury Lawyers (Apil) said he was deeply concerned that insurers had so far failed to provide information to explain why the number of traces had dropped.
“There is every chance that people suffering from an industrial disease who can't trace their former employers' insurers will be unable to claim a penny of compensation,” he said.
“It is absolutely crucial that the insurance industry provides a satisfactory reason for this drop in successful traces, if this vital service is to improve.”
Apil says the government must now exert some pressure on the industry and demand answers.
“The government said years ago that if the success rate didn't improve then it would consult with the ABI to find ways a higher success rate might be achieved, and it must now act upon these words,” said Allan.
APIL says it is crucial that insurers pool information about searches, and says a central database would make the whole process much more efficient.
“A central, searchable database would make the system a whole lot slicker, and would save time for everyone involved in these claims,” said Allan.
The association also said it was extremely concerned that victims who cannot trace their employers' policies often have no other option but to give up their right to compensation.
“We have repeatedly called for an ‘employers' insurers bureau' which would act as an insurer of last resort,” said Allan.
“Such a system would ensure injured people are not left out in the cold if they are unable to make a claim through the usual channels.”
