Mesothelioma Compensation Obtained Despite Insolvency of Previous Employer
Mesothelioma compensation case
Mr A was diagnosed with a malignant mesothelioma of the pleura, aged 77. He was living with his wife and family in Australia having emigrated there in 1973.
He contacted us regarding a claim knowing that he had been exposed to asbestos dust and fibres when working for the Parsons Marine Turbine Company Limited based at Wallsend–on–Tyne, in the North East of England. Mr A worked as an apprentice marine engineer fitter and worked for the company between 1944 and 1952, completing his apprenticeship in 1949. Mr A had retained his certificate of apprenticeship which confirmed his employment.
Mr A was exposed to asbestos dust and fibres when fitting and erecting the main and auxiliary machinery onboard ships, in particular HMS Hine. Parson Marine Turbine Company manufactured the engines of ships in the days when ship building in the North East of England was at its peak. Mr A recalled working alongside laggers who were applying asbestos insulation in the boiler room onboard the ship.
We investigated a claim and discovered that the Parsons Marine Turbine Company Limited was no longer in business. However, through the documents which we obtained from Companies House we learned that there had been a previous claim against the company. We contacted the other firm of solicitors who had pursued this claim and they gave us information about the possible former employer’s liability insurers of the Parson Marine Turbine Company Limited.
We were successful in tracing the former insurers and therefore a claim was successfully pursued despite the fact that the Parsons Marine Turbine Company Limited was no longer in business. Their employer’s liability insurers were also insolvent, but in situations such as this the Financial Services Compensation Scheme (a government and insurance industry funded statutory body) pays 90% of the agreed compensation or award of the court.
Unfortunately Mr A died very soon after contacting us, but the claim was continued by Mrs A who was ultimately successful and received £81,450 in compensation (reflecting the 90% payment).
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