We will assess your injury claim We will assess your injury claim

UK Asbestos Injury Claims

In the UK, asbestos injury claims are most often made many years after the victim has been exposed to asbestos fibres or asbestos dust. Fatal injuries such as mesothelioma cancer can develop due to exposure to asbestos and if you, or somebody close to you, has sustained an asbestos-related injury through the negligence of somebody who owed you a duty of care, you may be entitled to make asbestos injury claims in the UK. Many UK asbestos injury claims are resolved for significant settlements so,to ensure you receive your full entitlement to compensation for an asbestos injury, speak with an experienced solicitor on our freephone injury claims advice service at the earliest possible opportunity.

Widow to Donate Mesothelioma Compensation Settlement

April 11, 2017

The widow of a man who died from asbestos-related cancer is donating her mesothelioma compensation settlement to the hospice that cared for her husband.

Barry Dempsey from Scarborough in Yorkshire was diagnosed with mesothelioma cancer in June 2015. He died from the condition the following April aged 75 and, prior to his death, Barry instructed solicitors to investigate how he came into contact with the asbestos responsible for his illness.

His solicitors discovered that, during the five years he worked as an apprentice electrician at ICI, he was exposed to asbestos dust due to the poor condition of asbestos lagging around boilers and pipework. Despite Barry´s passing, his widow pursued a claim for compensation against ICI´s formers insurers.

In the claim for a mesothelioma compensation settlement, Barry´s widow – Patricia – alleged that ICI did not take reasonable steps to prevent Barry inhaling deadly asbestos dust, even though the company was aware of the risks from asbestos and that asbestos was present in the workplace.

After a period of negotiation, ICI´s former insurers agreed to a mesothelioma compensation settlement, which Patricia – Barry´s wife of 52 years and mother to their three children – has said she will donate to the hospice that provided a care at home service during the final days of Barry´s life.

Speaking with her local newspaper, Patricia said: “Barry’s death has been difficult for us all to come to terms with and one of the primary reasons for taking legal action was to recoup the cost of care provided to him by the staff at St. Catherine’s Hospice.

“All of us have at some time been touched by a friend or family member who has been diagnosed with a type of cancer and we have seen the amazing job the dedicated staff at St. Catherine’s do to make people as comfortable as possible in their final days.”

Read More

Claim for Mesothelioma Cancer against Rothmans Settled Out of Court

August 23, 2016

A claim for mesothelioma cancer against Rothmans, made by a former employee of the cigarette manufacturer, has been settled out of court for a six-figure sum.

In the late 1970s, Valerie Cameron (57) from Darlington in County Durham was employed on the production line at the city´s Rothman´s cigarette factory. While she was employed at the factory, work began on the construction of an extension – work that involved the removal of asbestos lagging from existing pipework.

In May 2015, Valerie was diagnosed with mesothelioma cancer. It was only when she tried to recall how she might have been exposed to asbestos dust and fibres that she remembered the extension work at the cigarette factory. Valerie then sought legal advice and made a compensation claim for mesothelioma cancer against Rothmans.

Rothmans denied its liability – forcing solicitors acting on Valerie´s behalf to take her claim to the High Court. It was only once High Court proceedings had been issued that Rothmans entered into negotiations to settle Valerie´s claim – the parties agreeing to an undisclosed six-figure settlement.

Speaking after her claim for mesothelioma cancer against Rothmans had been resolved, Valerie told her local paper: “I was completely shocked when I was diagnosed with mesothelioma and immediately became worried about my future. I hope that by taking legal action I can some way help to raise awareness of this terrible disease and the problems exposure to asbestos can lead to decades down the line.”

Valerie´s solicitor added: “Mesothelioma is an aggressive and incurable cancer which causes significant pain and suffering for victims like Valerie and employers should have been well aware of the dangers it posed to their staff.”

He continued: “Nothing can change Valerie’s diagnosis but after issuing legal proceedings against Rothmans at the High Court we have been able to secure her a settlement that will hopefully enable her to focus on fighting the disease and spending time with her family and friends.”

Read More

Royal Navy Veteran Entitled to Asbestos Compensation for Military Staff

March 8, 2016

A Royal Navy veteran has been told that he will now be entitled to asbestos compensation for military staff after the Ministry of Defence relaxed its rules.

Fred Minall (74) from Northampton served aboard the HMS Trafalgar between 1958 and 1963 as a Royal Navy engineer. During his time on board the ship, Fred and his colleagues would be “covered head to foot” in asbestos used for fire-proofing and heat resistant purposes.

In October 2015, Fred was diagnosed with mesothelioma cancer due to inhaling asbestos powder and fibres. However, whereas civilians who contract an asbestos-related disease can often sue their former employer, asbestos compensation for military staff was only available to those diagnosed after December 2015.

Following a campaign to allow all former servicemen asbestos compensation for military staff, the Ministry of Defence changed its policy and gave Fred and other servicemen in his position the option of a tax-free lump sum or smaller annual payments to assist them financially through the last years of their lives.

Now eligible for a lump-sum payment of £170,000, Fred told the BBC: “This news is marvellous and I could not have wished for better. To know that my three sons and their families will benefit from the effort that has gone into getting this unfortunate issue resolved is very satisfying.”

Campaigners for the relaxation of the rules also welcomed the change of policy. Chris Simpkins, director general of the Royal British Legion, said: “The Government has done the right thing and we appreciate the effort that has gone into accommodating the people who were missing out on asbestos compensation for military staff”.

Speaking on behalf of the Ministry of Defence, Defence minister Mark Lancaster commented: “It is right that we do more to support veterans affected by this condition – it’s part of our commitment to our Armed Forces. This change will give them more choice and control.”

Read More

HSE Releases Statistics for Fatal Accidents in the Workplace

July 6, 2015

The Health and Safety Executive has released a preliminary report covering fatal accidents in the workplace and deaths due to exposure to asbestos at work.

The provision annual report from the Health and Safety Executive (HSE) shows a slight increase in fatal accidents in the workplace. Between April 2014 and March 2015, 142 employees died in fatal accidents at work compared to last year´s all-time low of 136. This represents a rate of 0.46 fatalities per 100,000 workers – one of the lowest rates of fatal injuries to workers in leading industrial nations.

The industries which experienced the highest rates of fatalities were agriculture, recycling and construction. The agriculture industry recorded a rate of 9.12 fatalities per 100,000 workers after the number of fatal accidents in the workplace increased year-on-year from 27 to 33. There were five fatal accidents in the waste and recycling industry (a rate of 4.31 fatalities per 100,000 workers) and thirty-five fatal accidents in the construction industry (down from 44 fatal accidents recorded in 2013/14).

Included in the provisional report were the latest available figures for deaths attributable to mesothelioma cancer from exposure to asbestos at work. Deaths caused by mesothelioma cancer are one of the few work-related diseases that can be accurately recorded, and the latest figures show that in 2013, exposure to asbestos in the workplace accounted for 2,538 deaths – a slight decrease on the 2,548 asbestos-related deaths recorded in 2012.

Commenting on the statistics for fatal accidents in the workplace, Judith Hackett said “It is disappointing last year’s performance on fatal injuries has not been matched, but the trend continues to be one of improvement. Our systems and our framework remain strong as demonstrated by our performance in comparison to other countries. Every fatality is a tragic event and our commitment to preventing loss of life in the workplace remains unaltered.  All workplace fatalities drive HSE to develop even more effective interventions to reduce death, injury and ill health”.

Read More

NHS Fined for Asbestos Exposure Risks

August 25, 2014

The West Hertfordshire NHS Trust has been fined £55,000 after asbestos exposure risks were identified by the Health and Safety Executive (HSE).

Between April 2000 and December 2011, the “Estates Team” – a team of NHS employees whose job it is to carry out minor repair and maintenance projects – was maintaining buildings at three Hertfordshire Hospitals without knowing that the environments in which they were working contained asbestos.

Over the eleven-year period, the West Hertfordshire NHS Trust had identified some of the asbestos materials at the Watford General Hospital, St Albans Hospital and Hemel Hempstead Hospital, but did not have an asbestos monitoring plan in place or a management plan to control asbestos exposure risks.

It was only when a comprehensive survey of the sites was conducted in 2011 that the NHS Trust became aware of the scale of the problem, and that members of the Estates Team could have disturbed asbestos fibres unwittingly – with no way of knowing or protecting themselves from the risks of exposure to asbestos.

When the results of the survey became known, the West Hertfordshire NHS Trust immediately put control measures in place and alerted the HSE; however, the extended period during which unprotected work had been carried out on the Trust´s buildings meant that many NHS employees had been subject to asbestos exposure risks.

At the St Albans Crown Court, the NHS Trust pleaded guilty to four breaches of the Control of Asbestos Regulations 2006 and a breach of the Health and Safety at Work etc Act 1974. The court took a dim view of the “major failure” on the Trust´s behalf and issued a fine of £55,000 plus £34,078 in costs.

Speaking after the hearing, Sandra Dias – one of the HSE inspectors involved in the prosecution – said “West Hertfordshire Hospitals NHS Trust did not adequately manage the risk over an 11-year period. As a result, a number of its employees will now have to spend the rest of their lives not knowing whether they have been exposed. We all hope that none will suffer as a result.”

Read More

Widower´s Mesothelioma Compensation Claim Resolved

July 25, 2014

A widower from Dorset has successfully resolved his mesothelioma compensation claim against the Ministry of Justice for £647,840 after a hearing at the High Court.

Sally Knauer from Gillingham in Dorset died in August 2009 aged 46 – just five months after she had been diagnosed with malignant mesothelioma cancer due to occupational exposure to asbestos in the workplace. Prior to the devastating diagnosis, Sally had worked as an administrator at the Guy´s March prison, where she would often come into contact with technicians carrying out repair work on pipes lagged with asbestos.

Following her death, Sally´s husband – Ian – made a mesothelioma compensation claim against the Ministry of Justice, alleging that the Ministry had failed to protect Sally from the hazards of exposure to asbestos. Initially the Ministry of Justice denied liability for Sally´s death, but last year agreed that the family were entitled to compensation.

However, no agreement could be found regarding how much compensation for the loss of his wife Ian was entitled to, and the case proceeded to the High Court in London – where Mr Justice Bean heard evidence regarding the nature of Sally´s death and the contribution she had made to the Knauer household.

Judge Bean heard how Sally was extremely house-proud and responsible for cleaning, cooking, laundering and shopping for Ian and his three sons – 22, 20 and 16. The court was told how Sally would spend at least three hours every day taking care of her family, walking the dogs, decorating when necessary and tending to the garden.

Judge Bean described the division of labour as it “was as it might have been in the 1950s” and commented that Ian and Sally were an “old-fashioned couple”. After hearing evidence of the contribution Sally made to the household, Judge Bean awarded Ian £647,840, which included £88,160 for “past services dependency” and £327,241 for “future services dependency”.

Read More

Mesothelioma Compensation Fund to be Established in 2014

December 5, 2013

The Government plans to set up a special mesothelioma compensation fund to compensate victims exposed to asbestos in cases where former employers and insurance companies can no longer be traced.

Mesothelioma is a fatal cancer which is most prevalent among those who previously worked in industries where they were exposed to asbestos. It is estimated that 2,400 people die from mesothelioma cancer each year – with those numbers set to increase over the next few decades as the cancer can take up to fifty years to manifest.

Victims of mesothelioma can make claims for injury compensation when their former employers are still in business, or when the insurance company that provided the employer with insurance still exists – however, due to the length of time that mesothelioma cancer takes to develop, it is not always a straightforward process, and some claimants forgo their rights to compensation because of the stress involved.

 Victims of mesothelioma and their families are currently able to claim against an existing Government fund when it can be proved that exposure to asbestos occurred and that the employer/insurance company cannot be traced, but payments have been limited to £20,000 – an “injustice” according to Mike Penning, the Work and Pensions Minister, which has left “many tragic victims and their families high and dry”.

Under the proposed mesothelioma compensation fund, claimants will still have to prove that they were exposed to asbestos in the course of their employment, and that the former employer/insurance company is no longer in business; however, compensation payments for mesothelioma will be increased to 75 percent of the average settlement paid out in civil actions (around £115,000) and the process will be much faster due to a database of employer liability insurance policies being voluntarily established by the insurance industry.

Mike Penning described the proposed mesothelioma compensation fund as a “major breakthrough for the many victims of this terrible disease, who have been failed by successive governments and the insurance industry for decades.” However, the Minister has come under some criticism for not extending the fund to victims of other asbestos-related diseases, and for introducing a cut-off point for claimants, who must have been diagnosed with the disease subsequent to 25th July 2012.

The mesothelioma compensation fund still has to receive parliamentary approval but, subject to the Bill being passed, payments of compensation for mesothelioma sufferers should start by next July.

Read More

Govt Criticised over Mesothelioma Compensation Legislation

May 9, 2013

Campaigners have criticised the Government´s proposed mesothelioma compensation legislation, saying that many sufferers of asbestos-related diseases will be excluded from receiving compensation.

The proposals – announced during the Queen´s Speech at the opening of Parliament – are intended to compensate victims who contracted mesothelioma cancer while working for an employer who can no longer be traced.

Government ministers said that the plans addressed the ‘market failure’ in which former workers, who were negligently exposed to asbestos in the workplace, find it difficult to trace an employer or insurer who is liable to pay compensation.

The proposed mesothelioma compensation legislation will only apply to those unable to claim compensation from a former employer´s insurance company and intends to settle claims for compensation at 70 percent of the average compensation settlement paid out by insurers to those not in the scheme.

Funding for the program will be generated by a levy on insurance companies currently providing employer´s liability insurance and should raise more than £300 million over the next ten years – sufficient to provide compensation for three hundred mesothelioma sufferers each year who would otherwise not receive anything.

While government ministers were hailing the proposed Mesothelioma Bill as a ‘major breakthrough’, many campaigners criticised the proposals for not going far enough. Tony Whitston, chairman of the Asbestos Victims Support Group, said: “What appears to be a great deal brokered by government, and costing the insurance industry a small fortune, is in reality something entirely different”.

Mr Whitston and other campaigners cited a list of areas in which the proposed mesothelioma compensation legislation fails to provide for many victims of asbestos related diseases. These include:-

  • the 70 percent cap on ‘average’ mesothelioma compensation settlements which will not allow each claim to be settled on its individual merits
  • the condition that only those diagnosed with mesothelioma cancer from 25th July 2012 will be eligible for the proposed mesothelioma compensation legislation
  • the exclusion from the right to compensation of former employees suffering from the asbestos-related diseases asbestosis and pleural thickening

The British Lung Foundation also said it would seek to amend the proposed mesothelioma compensation legislation to ensure a “long-term, sustainable research fund” is set up to find a cure for mesothelioma.

Read More

Pensioner Awarded Compensation for Occupational Lung Cancer

February 25, 2013

A pensioner, who was diagnosed with mesothelioma due to being exposed to asbestos fibres, has been awarded £160,000 compensation for occupational lung cancer.

Eli Richards (76) from Great Wyrley in Staffordshire made the claim for occupational lung cancer compensation against his former employers – Armitage Shanks – after solicitors found a connection between Eli´s condition and the duties he had while employed at the company´s factory in Bushbury, Wolverhampton.

Eli, who had never smoked in his life and played table tennis and five-a-side football into his sixties, worked as a toolmaker for the bathroom appliance company for seventeen years. During this time he cut asbestos boards without ever being warned of the dangers of working with asbestos or being provided with any personal protective equipment to prevent him from breathing in the deadly fibres.

When he was diagnosed with mesothelioma, Eli took legal advice and made a claim for occupational lung cancer against Armitage Shanks. Armitage Shanks quickly acknowledged their liability for Eli´s mesothelioma condition and negotiated a settlement of £160,000 compensation for occupational lung cancer.

Read More

Man Dies after Making Claim for BT Engineer Mesothelioma

August 1, 2012

A former BT Building Contract Manager has died shortly after commencing a claim for BT engineer mesothelioma compensation against his former employers.

Derek Butler (74) from Weston in Somerset was diagnosed with mesothelioma cancer earlier this year – an industrial disease caused by exposure to asbestos. At the inquest into his death, Assistant Deputy Coroner Dr Peter Harrowing heard from consultant physician Dr Justin Pepperell, who confirmed Mr Butler had died as a result of malignant mesothelioma.

The court was also read a statement prepared by Derek prior to his death in which the deceased explained that he had worked for British telecommunications from 1967 and, in 1980, had been promoted to the position of Building Contract Manager. His new role included the preparation and remodelling of buildings which were transferring from mechanical to electrical telephone systems.

Although Derek´s major responsibility was in the planning of the remodelling, his work involved on-site supervision. While on-site – the statement continued – Derek was exposed to cables coated in asbestos and, despite the presence of plastic sheets, a significant volume of dust fibres were released into the atmosphere because of the scale of the project. This continued until Derek´s retirement in 1996.

The inquest was also told that Derek had commenced a claim for BT engineer mesothelioma cancer after his condition had been attributed to his exposure to asbestos while working for BT and, summing up the hearing, Assistant Deputy Coroner Dr Peter Harrowing said: “Mr Butler did not work directly with asbestos but when working with BT and working with buildings which were remodelled it was likely he was exposed to asbestos during that work. I accept the medical cause of death as being one due to industrial disease.”

Read More

Fund Set Up to Provide Compensation for Mesothelioma Victims

July 26, 2012

The Government have announced that a 300 million pounds fund is to be created to provide compensation for mesothelioma victims unable to trace their previous employer or their previous employer´s insurers.  

The new scheme – which will be funded by the insurance industry – is anticipated to benefit approximately 3,000 victims of the industrial disease over the next ten years who would have lost out on compensation for mesothelioma victims. Although the scheme will take up to two years to pass through parliament, patients diagnosed with mesothelioma cancer from 25th July 2012 will be entitled to claim compensation for diffuse mesothelioma cancer when it can be proven that they – or their solicitors – have been unable to trace the liable party or their insurers.

Announcing the scheme, Minister for Welfare, Lord Freud, said: “We have worked tirelessly together with the insurance industry to agree this package of measures on behalf of those who face this terrible disease. The new scheme will mean that, for the first time, sufferers of diffuse mesothelioma, who cannot trace either a liable employer or employers’ liability insurer, will have access to extra payments.”

Despite being welcome news for the estimated 300 people diagnosed with the asbestos-related cancer each year who would otherwise be unable to claim compensation for mesothelioma victims, campaigners and members of the Association of Personal Injury Lawyers (APIL) have criticised the measures for not being more comprehensive. Those diagnosed with mesothelioma cancer prior to 25th July will be excluded from the scheme, as will those diagnosed with asbestos-related diseases other then mesothelioma cancer.

Former employees of companies still in existence – such as engineers employed by BT who were exposed to asbestos while installing new telephone exchanges – will not be affected by the change, and should claim compensation for mesothelioma victims against their former employer with the assistance of a solicitor.

Read More

Farm Owners Exposed To Asbestos Claims from Farm Workers

July 16, 2012

Farm asbestos claims for compensation may potentially increase following new regulations introduced by the Health and Safety Executive (HSE).

Farm owners, and those who rent farms on a full repairing lease, could be liable to asbestos claims from employees and farm workers who develop asbestosis and mesothelioma cancer from the inhalation of asbestos fibres present in farm buildings.

The new regulations tighten up the existing Control of Asbestos Regulations 2006 to take account of the European Commission’s view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).

Although the majority of changes to the previous regulations are limited, the Control of Asbestos Regulations 2012 now makes it compulsory for farm owners and employer-tenants to record, and in some cases report, non-licensed work which was previously permitted.

In addition to the new working regulations, farm owners and employer-tenants (“duty-holders”) have been reminded by the HSE to:-

  1. Carry out a risk assessment of all non-domestic buildings which contain asbestos and “asbestos containing materials”
  2. Draw a plan of the farm and farm buildings – identifying where asbestos may be present and indicating each building with the appropriate sign
  3. If unsure about the type of asbestos present in farm buildings, the duty-holder must arrange for samples to be tested in an UKAS accredited laboratory
  4. Regularly check the condition of the asbestos and decide whether the asbestos needs to be removed or sealed to prevent the risk of injury
  5. Arrange for the removal of asbestos which poses a hazard to health only using a licensed contractor
  6. Inform employees, contractors and farm visitors (i.e. vets) of the presence of asbestos and make sure they do not disturb it.

A study in 2008 estimated that more than 50,000 farms in the UK (from a total approaching 300,000) had non-domestic buildings which contained asbestos or “asbestos containing materials”. Not all of these buildings are constructed with the dangerous amphibole (or “blue” and “brown”) forms of asbestos however, failure to adhere to the new regulations would expose farm owners and those with a duty of care for the health and safety to farm asbestos claims for compensation should a farm worker or farm visitor contract an asbestos-related illness due to the duty-holder´s negligence.

Read More

Asbestos Fatal Injury Compensation for Boiler Engineer´s Widow

May 14, 2012

The widow of a man who contracted mesothelioma cancer from the lagging of water boilers has been awarded 290,000 pounds in asbestos fatal injury compensation one year after her husband´s death.

David Bean from Shepton Mallet in Somerset worked as a boiler engineer for Bristol Water until 1992; during which time his duties included visiting pump stations which housed water boilers protected by asbestos cement lagging.

In September 2010, David started to suffer from chest pains, coughing and breathlessness, and was diagnosed with mesothelioma cancer.

Within six months David had passed away at the age of 73 and, after seeking legal advice, David´s widow – Jean – made a claim for asbestos fatal injury compensation against his former employers.

It was alleged in the action that David was not provided with protective masks or clothing, or warned by Bristol Water of the risks posed by disturbing and inhaling asbestos fibres.

After an investigation into historic health and safety procedures, Bristol Water admitted liability for David´s exposure for asbestos and a settlement of asbestos fatal injury compensation was negotiated between the company and Jean´s legal representatives.

Read More

Joiner to Receive Compensation for Exposure to Asbestos

April 27, 2012

An ex-joiner, who contracted mesothelioma cancer after being exposed to asbestos, has won his claim for compensation against his former employers.

Mohammed Najib (71) from Newham, London, worked as a joiner for the building company John Laing PLC between 1974 and 1980. During this time, Mrs Justice Nicola Davies heard at London’s High Court, he was exposed to asbestos and was diagnosed with mesothelioma cancer in 2009.

The court heard that Mr Najib is in constant pain from the cancer and the remaining moths of his life will be painful and distressing. Mr Najib is relying on vast quantities of morphine to get through each day, and is unable to attend the mosque.

Mrs Justice Nicola Davies awarded Mr Najib 80,000 pounds for his pain and suffering, and further amounts to compensate for specialist equipment that has been purchased, alternative treatments Mr Najib has undergone and – as the judge phrased it – his “lost years”.

The total amount of the compensation package totalled more than 175,000 pounds, and Mrs Justice Nicola Davies commented that “the level of damages for mesothelioma reflects the exceedingly painful nature of the disease.”

Read More

No Win No Fee Asbestos Claims to be Exempt from Changes

April 24, 2012

The government´s justice minister, Jonathan Djanogly, has announced that “No Win, No Fee” asbestos claims and claims for compensation for asbestos-related diseases will be exempt from the changes being introduced in the Legal Aid, Sentencing and Punishment of Offenders Bill later this year.

Under the original plans to reform No Win, No Fee Conditional Fee Agreements (CFAs), the government was keen to remove access for all claimants to no-win, no-fee legal representation, but the Department of Justice has bowed to pressure from the Lords and from campaigners to exempt those suffering from mesothelioma cancer, asbestosis and diffuse pleural thickening.

In a statement to the Commons, Mr Djanogly said there had been “careful reflection about the special case of mesothelioma sufferers”, and a delay would now be imposed to the removal of access to No Win, No Fee asbestos claims. Mr Djanogly also said the government was looking at ways of making it easier for sufferers and their solicitors to trace their former employer’s insurers.

Shadow justice secretary Sadiq Khan welcomed the concession for No Win, No Fee asbestos claims, telling the House “The key question here is should victims of industrial diseases like mesothelioma have to hand over part of their damages to their lawyers and insurer, or should the wrongdoers fund the cost of the successful litigation?”

Read More

Compensation for Mesothelioma Cancer Paid to Former Miner

March 1, 2012

A former miner, who was exposed to asbestos fibres during an eighteen year period working in two Nottinghamshire collieries, has been awarded 73,890 pounds compensation for mesothelioma cancer by a judge at London´s High Court.

Dennis Ball (92) from Beeston, Nottinghamshire, worked at the Sutton Colliery and the Moorgreen Colliery between 1967 and 1985 where, it had been alleged, he was exposed to asbestos fibres which were responsible for the development of mesothelioma cancer.

Mrs Justice Swift at the High Court heard how Dennis had been in good physical health and living independently in his home, prior to being found lying on the floor of his flat struggling for breath in March 2010. Dennis was subsequently moved to a care home and diagnosed with mesothelioma cancer.

In his claim for compensation for mesothelioma cancer, it was alleged that the National Coal Board failed to warn Dennis against the risk of exposure to asbestos and offered no form of personal protective equipment. Liability was admitted by the Department of Energy and Climate Change who now administer liabilities on behalf of the National Coal Board and British Coal Corporation.

Mrs Justice Swift awarded Dennis 73,890 pounds compensation for mesothelioma cancer, which included 50,000 pounds for his pain, suffering and loss of amenity and a further 20,000 pounds for the years of his life he will undoubtedly lose.  Commenting on the award, Mrs Justice Swift said “Mr Ball’s age means that he does not have the distress of knowing that many years, even decades, of his life have been denied him. Importantly, however, the onset of illness forced him to leave his home and thus to lose his independence.”

Read More

Judge Awards Compensation for Mesothelioma to BT Engineer

November 28, 2011

A judge at Bristol High Court has awarded an interim payment of compensation for mesothelioma to a BT Engineer who had worked for the telecommunications giant for 27 years.

Frederick Vincent (76) from Torquay in Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he requires immediately, pending a full settlement of BT engineer mesothelioma compensation still to be determined.

The court heard how Frederick worked as an installation engineer for BT between 1962 and 1989 and regularly came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to telephone wires.

Frederick also explained that he worked in close proximity to asbestos-lagged pipe work and his exposure to asbestos had been attributed to his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.

The judge found against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of compensation for mesothelioma to the BT engineer. The money will enable Frederick to pay for private nursing care and equipment to help him through the final stages of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.

Update February 2012: Sadly, Frederick passed away due to malignant mesothelioma cancer on 31st January.

Read More

Mesothelioma Widow Awarded 258,520 Pounds Compensation

September 29, 2011

The widow of a man who sustained mesothelioma cancer after exposure to asbestos in his workplace has been awarded 258,520 in industrial injury compensation against her husband´s former employers.

William Wolff, formerly of Kilmarnock, East Ayrshire, died from mesothelioma cancer in March 2007 aged 66 – just eighteen months after retiring from Weir Construction Ltd. During his employment at the construction company and previously at John Moulds (Kilmarnock) Limited, it was claimed by his widow – Elizabeth Wolff – that he had been exposed to asbestos fibres which were responsible for the injury.

Both Weir Construction Ltd and John Moulds (Kilmarnock) Limited accepted that the condition was caused by negligent exposure to asbestos while William was alive, and the case was before Judge Lord Doherty at the Court of Session in Edinburgh for the assessment of damages.

Judge Lord Doherty heard that William´s death was a particularly painful one, and that Elizabeth had given up her job as a social worker in order to provide full-time care for her terminally ill husband.

After hearing expert medical evidence that William would have been expected to live on the balance of all probability for a further 17 years had he not contracted mesothelioma cancer, the judge granted Elizabeth a total award of 258,520 pounds, and in additional made further awards totalling 52,317 pounds to William´s three daughters and one of 7,084 pounds to his granddaughter.

Read More

Mesothelioma Injury Compensation Awarded to Leeds Joiner

July 6, 2011

A joiner from Leeds, South Yorkshire, who was diagnosed with mesothelioma cancer after working with asbestos in the 1990s, has won his battle to secure compensation against his former employers.

Stephen Adkin (54) of Kippax, Leeds, was diagnosed with mesothelioma cancer in May 2010 after years of being exposed to fatal asbestos dust while working for Leeds company Nova Display Ltd. His duties while working for the company involved the removal of asbestos floor and ceiling tiles from local shoe shops and, he also claimed in his action against his employers, he was present in the company´s factory when repairs where being made to their corrugated asbestos roof

Stephen had worked for the company from 1996 until his diagnosis last year, but his terminal condition has meant that he is no longer able to work, perform tasks around the home or play with his grandchildren. After seeking legal advice, Stephen claimed mesothelioma injury compensation against Nova Display Ltd.

The case was due to be heard before Judge Shaun Spencer QC at London´s High Court last week, but at the last minute the judge heard that an out of court settlement had been reached. Insurer´s for Stephen´s former employers have agreed to pay a total of 372,000 pounds – a figure which Judge Shaun Spencer QC described as “a satisfactory outcome”.

Read More

Chef, Exposed to Asbestos, Settles 6 Figure Compensation Claim

July 5, 2011

A chef, who contracted mesothelioma cancer after being exposed to asbestos in the oven linings of the Italian restaurant in which he worked, has received a six-figure compensation settlement from his former employers.

Luigi Pes (60) of Salisbury, Wiltshire, had worked in the La Gondola Restaurant throughout the 1980s as a pizza chef for the restaurant. During his employment there, he was exposed to asbestos both in the linings of the ovens and in the ceiling of a storeroom.

In February 2008, Luigi was diagnosed with mesothelioma cancer – a terminal cancer of the lining of the lungs which is caused by the inhalation of asbestos fibres. After seeking legal advice, he brought a mesothelioma cancer compensation claim against his former employers, claiming that were to blame for the working conditions that made him terminally ill.

In his action, Luigi also claimed that he was never given any warnings about the dangers of working in an environment which contained asbestos nor provided with any personal protective equipment.

His former employees admitted liability for his injuries, and agreed a six-figure compensation payment which was settled out of court.

Read More