Legislation aims to ease the pain for bereaved

HUNDREDS of people killed in accidents or suffering from fatal diseases acquired in the workplace could benefit from new legislation that comes into force today.

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

Laura Blane, a partner at Thompsons Solicitors, which 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," he said.

"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."

The firm said that on average 30 people die each year in Scotland in workplace accidents.

The new legislation replaces 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.

Phyllis Craig, from Clydeside Action on Asbestos, said: "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 to.

"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."