Family of Tyne and Wear Woman Receives Compensation from Special Scheme for Mesothelioma Caused by Asbestos Exposure at Work
Asbestos Exposure
30/06/2008
The family of a Tyne and Wear woman has received compensation from a scheme set up to compensate those suffering from asbestos-related diseases.
Mrs X died after being diagnosed with mesothelioma, a terminal cancer of the lining of the lung caused by exposure to asbestos.
In December 2006 Mrs X had a bout of sickness followed by a chest infection and lack of appetite. She was referred to the Sunderland Royal Infirmary by her GP in January 2007 and was then sent for a biopsy and to have her lungs drained of fluid. She returned to Sunderland to have further fluid removed from her lungs. At this time a biopsy was carried out and she was informed in March 2007 that she had mesothelioma.
Mrs X was exposed to asbestos while working as crusher operative for Turner & Newall in Washington, Tyne and Wear for a 6 month period in 1967. A crusher is a long machine with an opening of a few feet across at the front where asbestos waste would be fed, crushing it down into a fine powder so that it could then be bagged and reused. It was Mrs X's job to feed the asbestos into the crusher. Asbestos dust would blow back at her as the action of the machine would cause a type of backdraft. As a result, whilst she was working she would be covered with asbestos dust and there would be asbestos dust coating the floor and work tops around the area in which she was working.
Mrs X's claim was pursued under Turner & Newall (T & N) Scheme as the company is in administration and the scheme has been set up to ensure that former employees with asbestos related illness receive some compensation. The value of the mesothelioma claim under the scheme would ordinarily have been £110,000.00, however, regrettably, as there was no insurance for the company prior to 1969, only 17p in the pound was payable of the £110,000.00. This figure was determined by Actuaries on the basis of the amount of money being available to meet the numerous claims for asbestos related diseases pursued against the company and its subsidiaries.
As a result, Mrs X's family received the sum of £18,735.00. There is a possibility of further payments in the future and specifically in 5 years time. Indications are that this is likely to be 3p in the pound (of the £110,000.00 sum).
Neil Wilkinson of Irwin Mitchell's specialist Asbestos Related Disease Team who handled Mrs X's claim said, "It is grotesquely unfair that the family of a worker who was exposed to lethal doses of asbestos dust in circumstances that were clearly negligent should receive such a minimal sum from the company that caused Mrs J's death.
"The amount received under the T & N scheme varies significantly depending upon the individual workers circumstances and the period they were employed by the company and may vary depending upon which of the T & N subsidiary companies the worker was employed by."