What impact does the coroner's finding have for potential Covid claims ?

Together we are Forbes


24 January, 2023

Nicola Dawn

As Ridwaan and Lucy helpfully outline in their previous article, it is the coroner's duty to establish how the deceased involved died and not to attribute liability.

The recent finding of the Senior Coroner for Central Wales, Graham Hughes, that two nurses who sadly passed away due to Covid and complications due to Covid, should be recorded as deaths by industrial disease will be noted with interest by those campaigning for Covid to be recognised as a prescribed industrial disease and allow both claims for benefits from the state and civil claims against employers or former employers.

Currently the matter is under review by the Industrial Injuries Advisory Council (IIAC) who monitor the available data and advise the Government accordingly. Their recent report released in November last year advised that they would continue to monitor data and report again shortly but they had identified 5 significant conditions which can be caused by Covid including a heightened risk of a stroke, heart attack, a pulmonary embolism, lung fibrosis or post intensive care syndrome.

The health sector is one of those who are considered to be at heightened risk of contracting Covid at work as one of the occupations that were designated key workers during the pandemic.

Whilst the recent finding by Mr Hughes of death by industrial disease due to Covid may not have an immediate legal effect of allowing Covid claims to be brought, it may well be considered by the IIAC in their next report to the Government as to whether Covid should be given the status of a prescribed disease and it will give campaigners added impetus in their efforts.

If you would like to discuss any aspect of claims relating to Covid then please do get in touch with Nicola Dawn

For more information contact Nicola Dawn in our Insurance department via email or phone on 01619180005. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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