Former York carriageworks employees who fall victim to the asbestos timebomb look set to keep the right to sue for compensation, it was revealed today.

Campaigners, led by York Labour MP Hugh Bayley, were outraged at moves by the Law Commission to stop people taking out civil action for personal injury if they became ill more than 30 years after the likely date of injury.

They wrote to the commission highlighting two real-life cases of York carriageworks employees who were diagnosed with asbestos-related diseases more than 33 years after leaving the job. The commission has announced it will now review its proposals in light of this evidence, considering whether it can make an exception to guarantee the rights of people whose claim relates to latent disease such as asbestosis or mesothelioma.

Campaigners today welcomed the news, which would let asbestosis victims sue for compensation no matter how long it took for the disease to develop, so long as they did so within three years of diagnosis.

Mr Bayley said: "When I found out about the Law Commission's proposal, I thought about the asbestos victims from the carriageworks. These men die a very unpleasant death because of their employer's negligence and they need compensation for their wives and children.

"Thirty years may seem like a long time, but one of the cruellest aspects of asbestosis is that it's a timebomb which can take more than 30 years to go off."

He said he would be discussing the reviewed proposals with solicitors and union representatives who have been fighting for compensation on behalf of rail employees to make sure they are in the victims' best interest.

Carriageworks asbestos campaigner Paul Cooper welcomed the reviewed proposals.

He said: "It is good news. We have discussed it at our branch meeting of the TGWU and our people are reasonably happy about it. We feel it gives our people a fair opportunity."

York solicitor Kevin Hughes, who handles many compensation claims by carriageworks asbestos victims, said: "It's great news which has to be welcomed. The MP and the Evening Press are to be congratulated for pointing out the error of its ways to the Law Commission."

Another solicitor who handles many such cases, Toby Conyers-Kelly, also welcomed the news, but had concerns about the need for victims to sue within three years of diagnosis. He said doctors did not always tell patients of their diagnosis straight away and it would be better if victims had to sue within three years of them knowing they had the disease.

See COMMENT A victory for common sense

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