Hundreds of Teesside industrial disease victims could miss out on the compensation they deserve if the government presses ahead with plans to change the way historic business records are preserved, lawyers are warning.
Under the current system, claimants are able to search files held at Companies House free of charge as they put together claims on behalf of employees who have become serious ill as a result of their work.
Now the official registrar of companies is mulling over the possibility of deleting details of businesses that ceased trading more than six years ago, instead of the current figure of 20 years.
But Anthony McCarthy, a director of Macks Solicitors who specialises in asbestos cases, said that would be disastrous for many former workers in our area.
“Because of the nature of illnesses such as mesothelioma it can take many, many years after exposure to asbestos for the symptoms to come to light,” he said.
“It might not develop for up to five decades or more. Tracing the companies people worked for – and whether they had insurance in place – is vital.
“Shredding these records would benefit nobody and could leave us unable to trace former employers. They could get off scot-free while the people who they failed to protect as they should have done suffer and often die an agonising death.
“Justice can only be served if these people and their families can continue to access these records, enabling us to ensure they receive the compensation the law says they are entitled to.
“I would urge those behind the move to think again for the sake of all those who would lose out unfairly if it goes ahead.”
Even though asbestos is no longer widely used, cases of illness caused by exposure have continued to rise in recent years.
The Teesside area has one of the highest levels of asbestos-related conditions due to the number of workers who were traditionally employed in heavy industries including shipbuilding, chemicals and steelmaking.
The Association of Personal Injury Lawyers, a non-profit organisation that campaigns on behalf of negligence victims, is leading the charge against the proposed change. It has contacted Companies House to lobby for the current system to be retained.
