Claim Now

To ensure we give you the most tailored advice regarding your data breach enquiry, we kindly request that you complete our specialised enquiry form. You can access the form
by clicking on the following button: Click here

Click here to return to the previous window

Hundreds of Scots killed in accidents or suffering from fatal diseases acquired in the workplace each year will benefit from new rights that come into force today (Thursday).

The Damages (Scotland) Act 2011, passed by the Scottish Parliament in March, overhauls the current system and provides a fair level of compensation in cases of wrongful death without the need for unnecessarily long and distressing court cases.

The changes will benefit hundreds of people across Scotland each year. On average, 30 people die each year in Scotland in workplace accidents.

Between 1st January 2009 and 20th April 2010, over 200 people suffering from the asbestos cancer mesothelioma and 58 people with asbestos-related lung cancer sought assistance from Clydeside Action on Asbestos.

The new legislation gets away from the old system where the deceased’s family was often deemed to have suffered little or no loss because it took into account the surviving partner’s income.

Laura Blane, Partner at Thompsons Solicitors, who represents the interests of victims of asbestos related diseases and those killed in accidents, said: “This legislation is a victory for victims and those of us who fight for better rights to redress in cases of very grave workplace diseases and accidents.

“At Thompsons we deal with hundreds of such cases each year and this act will make a real difference to the lives of people affected by diseases like mesothelioma.

“The diseases themselves can cause great trauma and stress for sufferers and their families and to go through a lengthy legal battle can really add to that distress.

“This legislation means that sufferers and their families will now get better treatment by the legal system and better rights to get the compensation they deserve.”

Phyllis Craig from Clydeside Action on Asbestos stated:

“The introduction of this new legislation will allow for a fairer calculation of damages to be made to a surviving spouse. Prior to this Act damages were calculated using an inaccurate and complex formula. This often led to spouses receiving less damages than they should have been entitled too.

“We must not forget the distress caused to families who find themselves having to pursue a civil action because they have lost a loved one.

“We must ensure that the legal process is simplified and as efficient as can be in order to minimise distress. This new Act will go some way to address this”.

Mr Arthur Hart, from Grangemouth who suffers from mesothelioma, said:

“This whole process I’m going through is about justice for me and my family.

“I want to make sure that we get the right support and don’t have to go through a long and distressing court case for no reason.  I’m happy Thompsons are helping me and this law will hopefully help all of us suffering from mesothelioma get proper justice.”

Injured through no fault of your own?
Call us on
To see how much you could claim
Compensation Specialists
Our offices and meeting places
Talk to Thompsons
Claim Now