AVSGF-UK: Inquests and Coroners Courts

Inquests and Coroners Courts

Deaths which may be caused by an industrial disease, such as asbestos related diseases, must be referred to a Coroner. The main reason for this is to provide information to Government on the number of people who die from such diseases.
The incidence of death due to industrial diseases is an important public policy issue. Families who have been affected by a work related disease generally want this fact to be publicly acknowledged and recognised.

The Inquest
When an asbestos-related death is reported to the Coroner, the Coroner’s Officer will visit the family in order to ask about the deceased’s work history and exposure to asbestos. This information will assist the Coroner in deciding whether to hold an Inquest. The Inquest is to establish the cause of death. For many families the Inquest will answer a vital question: what caused their loved one’s death. The Coroner’s Officer will give the family a booklet about Coroner’s Inquests and answer any questions they may have.

The Post Mortem
In order to establish the cause of death the Coroner may decide to hold a post mortem. In some cases the Coroner will insist on a post mortem if that is the only way to establish the cause of death. It may, however, be possible to decide on the cause of death without a post mortem and the Coroner may be sensitive to a family’s wishes.

As well as determining the cause of death, a post mortem may also provide information that will help to decide whether a claim for compensation is a possibility. So it is important for a family to consider carefully whether a post mortem should be carried out as it will not be possible, at a later date, to provide evidence that only a post mortem can give.

Interim Death Certificate
An Interim Death Certificate will be issued by the Coroner so that the funeral is not delayed if an Inquest is necessary. This Interim Certificate will also help families to claim appropriate benefits. On completion of the Inquest a full certificate will be provided.

The Inquest Procedure
Although the Coroner’s Inquest can be very beneficial to a family it occurs during a very stressful time and the prospect of an Inquest can be daunting and frightening. Ask the Coroner’s Officer about the Inquest so that you know what to expect and talk to the staff at your Asbestos Victim Support Group if you want support at the Inquest.

There will be a jury at an Inquest if the person who died was currently working for an employer. In most cases, sufferers of asbestos diseases will have retired from work as it can take so long for the disease to develop.

Representation at the Inquest
Your solicitor is permitted to attend the Inquest on your behalf and to ask witnesses questions, in accordance with the rules, to assist in determining the cause of death. If you do not have a solicitor, the Coroner may allow a representative to ask questions of witnesses.
The main purpose of the Inquest is to establish the cause of death and the Coroner will give a ‘conclusion’ or verdict on the cause of death. This verdict does not however imply that anyone is guilty of an offence and does not suggest the criminal or civil liability of any person.
Although the conclusion or verdict given by the Coroner is not binding on any other authority, it is, inevitably, very important to the family of a person who has died of an asbestos-related disease.
‘Death by Industrial Disease’ is the usual verdict in the case of an asbestos-related disease. This verdict provides some comfort to a family when the fact that the cause of the death is industrially related is publicly acknowledged.
Unfortunately, there are occasions when the deceased’s work history and exposure to asbestos is not taken fully into account and undue reliance is placed on asbestos fibre counts. In these cases there is an understandable feeling of injustice if the verdict is not ‘Death by Industrial Disease’. It is therefore important for the Coroner to have a full work history.
If you have a solicitor then a statement can be provided to the Coroner. If you do not have a solicitor try and make sure that the Coroner has as much information as possible about the work history and exposure to asbestos.
Generally, Coroners apply a low burden of proof in cases of industrial disease and families will leave an Inquest feeling that there has been a proper and thorough inquest into the death of a family member. The conclusion of an Inquest is usually the end of the formalities to do with a death and hopefully a time when families feel that the truth has been established as to the cause of death.

Civil Compensation
If a Coroner does not give a verdict of ‘Death by Industrial disease’ this does NOT mean that you are unable to claim compensation through the courts.
The Home Office Guide which the Coroner’s Officer will give you explains that evidence given at an Inquest may assist in a claim for compensation and advises that you may want to consider seeking legal advice before the inquest. This is important advice. If possible, you should talk to a solicitor who specialises in asbestos cases so that you have proper representation at an Inquest.