Our expert asbestos lawyers have secured compensation for the family of a man who died from mesothelioma as a result of workplace negligence.
Mr S was a steel erector at Ablecalt General Engineering Co Ltd. He started work there in 1968, where his job was to build and fit fire escapes. Most of the fire escapes were lined with asbestos. Mr S routinely cut asbestos insulation boards in confined spaces and would breathe in the dust as he worked.
When installing these fire escapes, Mr S would need to re-route pipework which was heavily lagged with asbestos. Mr S used a hacksaw or a hammer to remove the asbestos lagging creating airborne fibres.
Mr S was given a small paper mask that offered him no protection from inhaling the asbestos dust. During the work, Mr S found his clothes, face and hands were covered in dust. Ablecalt Ltd didn’t give Mr S any other protective equipment and also didn’t warn him of the dangers associated with asbestos.
Mr S worked full time at Ablecalt Ltd and regularly averaged 4 to 5 hours of overtime. In 2018, following complaints of a chesty cough, an x-ray revealed the build-up of fluid on the lungs. Mr S spent two weeks in hospital having this fluid drained away and underwent a biopsy. The results revealed he had mesothelioma, a diagnosis he ‘struggled to cope with’.
Following more stays in hospital, Mr S got equipment that meant a nurse or his son could drain the fluid on his lungs instead. Mr S also became reliant on his son to help him with meals and emotional support. Before his diagnosis, he lived an independent life and had many pastimes. However, Mr S described his quality of life following the diagnosis as ‘really bad’.
He got in touch with our personal injury compensation team to see if we could help. One issue with Mr S’s case was that his former employer was no longer trading. This meant that we couldn’t make a claim against them or their insurer.
We helped Mr S claim for compensation through the Diffuse Mesothelioma Payment Scheme (DMPS) instead. We submitted the application and Mr S received the payment in a matter of weeks.
This scheme exists for instances like Mr S’s where the company responsible for the asbestos exposure has since stopped trading. Sadly, Mr S passed away as a result of his illness. Our appeal to the DMPS meant that Mr S’s family received compensation and financial security following the loss of their loved one.
Satinder Bains, the experienced Partner who dealt with Mr S’s case, commented: “Mr S’s quality of life severely deteriorated as a result of his condition, which he developed through no fault of his own. While it had not been possible to trace the company or the insurer it was still possible to secure compensation for Mr S during his lifetime and to provide Mr S with the comfort of knowing his family were financially secure following his death.”
If you or someone you love has fallen ill due to workplace asbestos exposure, we may be able to help – even if the company responsible doesn’t exist anymore. See our Diffuse Mesothelioma Payment Scheme page for more advice on the scheme, and visit our Asbestos Claims section for more information.
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