A new private member’s Bill is being put before the Welsh Assembly, which if enacted, would see employers footing the bill for medical costs of staff who suffer ill health following asbestos exposure.
Under Pontypridd AM Mick Antoniw’s proposed legislation, either businesses or their insurers would be required to reimburse the NHS for the costs of all the necessary treatment for workers exposed to asbestos.
It may be a lengthy process before the Asbestos (Recovery of Medical Costs) Bill 2012 becomes law, but it would be the first time that such a cost-recovery scheme has been implemented in Britain.
Crucially, the law would apply to employers located outside of Wales if the affected person is actually treated by the Welsh NHS.
Mr Antoniw commented:
“The cost of treating asbestos disease places a huge financial strain on an already over-stretched NHS in Wales. I believe that where an employer has been negligent and civil compensation is due, NHS Wales should be reimbursed with the cost of medical treatment.
“It won’t matter where the exposure occurred. What is important here is where the medical treatment actually is received. If it takes place in Wales and the legislation is passed then it will enable the [Welsh] government to recover the full costs of that medical treatment.
“It doesn’t create any new claim for damages that didn’t already exist and it will only apply where an individual has already been able to establish that their employer was able to blame for their exposure.”
A special fund would be created for any money raised by the new legislation, which would then be allocated to the care of victims. Once a judgement has been reached in a civil case, the Assembly government would then be able to pursue costs for treatment.
Let us know your thoughts on these proposals. Is it a good idea to recover such costs or will the practicalities make it too difficult to achieve?
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