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Vol 21 No 8 Aug/Sept 2016

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Colinvaux's Law of Insurance

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Compensation for Industrial Disease

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N.J. WikeleySenior Lecturer in Law, University of Birmingham

ISBN13: 9781855212640
ISBN: 1855212641
Published: July 1993
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This text is a detailed case study of how the social security and tort systems have responded to the challenge posed by latent industrial disease in Great Britain.;The opening chapters discuss the arbitrary and incomplete coverage provided through these mechanisms. Particular attention is paid to the narrow basis fdor prescribing diseases under the industrial injuries scheme. The text examines the development of medical and scientific knowledge as to the aetiology of asbestos-related diseases and how compensation for them are analyzed, and in particular, the delays in establishing prescription for some of these diseases for benefit purposes.;The reasons for the low success rates in benefit claims are considered in the light of the differing legal and medical concepts of proof. The slow development of regulatory standards to protect the health and safety of asbestos workers is also examined. Where appropriate, comparative references are made to developments in Europe and North America.;The text concludes by seeking to place the findings of this case study within the general debate on compensation for personal injuries.

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Contents:
The context of industrial disease; asbestos, exposure to asbestos and disease; social security and industrial disease; the prescription of industrial disease; the response to asbestosis; asbestos-related cancers and prescription; social security adjudication; claiming industrial disablement benefit.