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Injury lawyers oppose change in law

The government’s plans to change the length of time for which insurance policy records are kept has outraged the Association of Personal Injury Lawyers so much that they are lobbying for the legislation to remain the same.

Currently, the law states that all employers must retain their insurance policy records for a minimum of forty years, a time period which the government is considering reducing.

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Reasons behind the possible change in law are administrative, with government officials claiming that the lengthy time period is unrealistic and unmanageable, serving to add a mostly unnecessary ‘administrative burden’ to employers and businesses. However, the Association of Personal Injury Lawyers strongly disagree, claiming that reducing the time period for which these records are kept will result in a reduction in employee protection.

President of the Association for Personal Injury Lawyers, Amanda Stevens, says that a change in the law would mean that employees who contract ‘long tail’ illnesses in the workplace will be put at a serious disadvantage when claiming compensation. Long tail illnesses such as industrial deafness or malignant mesothelioma can take an extremely long time to develop, with some not showing until as late as 40 years after exposure to certain conditions.

Personal injury lawyer Adrian Budgen is outraged by the proposal, saying: “Over 2,000 people in the UK die each year from mesothelioma, which can take up to 40 years to develop. It will become extremely difficult, if not impossible, for sufferers to claim from their former employers, if this law is passed, especially in situations where the company no longer exists, has ceased trading or has no assets.”

He added that he feels the move is simply "The Government trying to save money on regulation administration despite the TUC highlighting that the administrative burden imposed on employers is greatly offset by the benefit to those who may be injured or made ill as a result of employer negligence.”

Updated on 7/16/2008

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