UK Injury Compensation News

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.

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.”

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.

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.

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.

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.”

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?”

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.”

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.

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.

The former employers of the late Mr. Leslie Rayner are to pay 150,000 pounds compensation after he died from the asbestos-related disease of mesothelioma.

The High Court in London have approved a compensation settlement of 150,000 pounds to the widow and son of Mr. Leslie Rayner, who contracted mesothelioma cancer due to exposure to asbestos fibres while working as a foreman electrician for the Pilkington Group PLC between 1953 and 1983.

Mr. Rayner formerly of Doncaster, South Yorkshire, died from the disease in June 2008, leaving a widow, Irene, and son Keith. The settlement will be divided between Irene and Mr. Rayner’s estate, as Irene is a classified as a protected person and unable to manage her own affairs.

At the High Court in London, St Helens-based Pilkington Group PLC accepted liability for Mr. Rayner’s death and confirmed their offer to pay 150,000 pounds to the Rayners as well as their costs.

A Wiltshire man, who contracted mesothelomia cancer while working for BT in a former secret government bunker in Corsham, is to receive 115,000 pounds compensation from the company.

Bernard Mottram, now 82, installed telephone lines during the 1990’s in the 35 acre underground complex, and claimed that the mesothelomia cancer he now suffers from is directly connected to asbestos in the site, which was originally equipped during the Cold War in case of nuclear attack.

Bernard, who lives in Bath in Wiltshire and has only months to live, also claimed that BT were negligent by not informing him that asbestos was present in the complex, and by failing to provide any safety equipment or asbestos-related training.

BT deny that Bernard’s illness is due to asbestos being present at Corsham, but have agreed to a compensation settlement of 115,000 pounds for non-specific exposure during his employment with the company.

An ex-shipyard worker, awarded 5,000 pounds for asbestos-related pleural plaques, has vowed to continue campaigning for colleagues disqualified from compensation by a Law Lords ruling in October 2007.

Bob Cusworth, 65, from South Tyneside has lost almost 50 former workmates to illnesses relating to asbestos inhalation, and despite suffering himself from pleural plaques – a scarring of the lung tissue caused by exposure to asbestos dust – remains annoyed that not everyone suffering from the illness will receive compensation.

Pleural plaques is not a fatal condition in itself, but is one of the first symptoms that manifest when a person has been exposed to asbestos. It is claimed that there was very little protection from the killer material in the shipyards, yet in 2007, the Law Lords decided that people suffering with pleural plaques did not qualify for compensation, despite numerous claims being settled prior to this date.

In forty years of working in the shipbuilding industry, Bob has seen many cases of pleural plaques develop into the more serious illnesses of asbestosis and mesothelomia, and wants the law reversed so that other sufferers receive the compensation they are entitled to.

The family of a man who died from asbestosis has been awarded 47.500 pounds in compensation by his former employer’s insurance company.

Donald Bracher, formerly of Chulmleigh, Devon, died in January 2008 aged 76, after fighting a five year battle against asbestosis. The disease was contracted during his 50 years of service with local Barnstaple firm, Shapland and Petter, through working with asbestos in an unsuitable environment.

Donald was employed to cut windows in asbestos-lined fire doors, with no protection against the inhalation of asbestos fibres, and often in a small workspace with inadequate ventilation. It was claimed that right until the day Donald retired in 1996, there was no warnings given to him by his employers about the dangers of working with asbestos.

The action brought by his son, Kenneth, was against the insurers of Newman Tonks Ltd – the company which bought Shapland and Petter in 1999 – which themselves are no longer in existence. Nonetheless, the company’s insurers agreed to pay the compensation for the pain and suffering Donald had experienced.