£125,000 compensation for Asbestos exposure

An 80-year-old widow has received £125,500 from her husband's former employer, after he developed mesothelioma because of exposure to asbestos during his employment with a company at its premises in Birmingham.

Mr D was employed with Joseph Lucas throughout the whole of his working life. He began his employment in April 1945 before taking early retirement on 31 December 1988.

At the age of 22, Mr D completed his apprenticeship with the company and qualified as an electrician. In around 1960, he was promoted to charge hand and, in time, to foreman and finally superintendant. In the course of his employment, Mr D was exposed to blue asbestos. Starting in about 1960, the ceilings and structural steelwork of the Great King site were insulated with blue asbestos (crocidolite). The asbestos was mixed on site and sprayed on using a machine. The process took a number of years during which he would have been regularly exposed to asbestos dust.

Several years later, the company began a programme of removal of the blue asbestos and once again, Mr D found himself exposed to asbestos dust and fibres. The company provided no protective equipment nor did it warn employees of the dangers associated with asbestos exposure.

A claim was issued against Joseph Lucas. The claim was dealt with under the expedited mesothelioma procedure adopted in the High Court in London. When judgment was entered, an interim payment was ordered in favour of Mr D and the claim was ultimately settled by negotiation. Unfortunately, Mr D died soon after proceedings had been commenced.

Specialist industrial disease solicitor, Satinder Bains, of law firm Irwin Mitchell who represented the family, said: "Knowledge of the risks to health associated with exposure to asbestos dust dates back centuries ... Mr D's death was completely avoidable by affording him the protection that he was entitled to."

Source: Croner

Posted Date: 07th Apr 2011