Archive for May, 2010
Former Swindon Railway Worker Dies After Developing Asbestos Disease
A Swindon man, who died earlier this month, received £111k in damages from British Rail after developing asbestos related cancer.
Dennis Archer, 85, of Linslade Street, Swindon worked for British Rail for over 15 years and left their employment in 1963. He regularly worked in an area where train coaches were sprayed with blue asbestos.
His solicitor, Brigitte Chandler, a partner with Swindon law firm, Charles Lucas & Marshall and who has represented many hundreds of railway workers over the last 30 years, says Mr Archer had been in very poor health since he was diagnosed in June 2009 with mesothelioma cancer, invariably caused by asbestos.
“Mr Archer started suffering discomfort in his chest two years ago,” she said. “I am pleased I was able to settle the claim on his behalf with British Rail before he died.”
BRB (Residuary) Limited, the company with responsibility for the British Rail works in Swindon, agreed to settle the claim out of court.
“The damages are to cover Mr Archer’s illness as well as the nursing care and other expenses he incurred,” says Brigitte Chandler.
Sacks of asbestos lay all around the area where Mr Archer was working. Repairs carried out to damaged vehicles often resulted in paneling being cut off, exposing workers to asbestos insulation.
“Fortunately the claim was settled out of court which was a great relief for Mr Archer,” says Brigitte Chandler. Unfortunately the area where Mr Archer earlier worked was notorious for using large quantities of asbestos and there have been other deaths from employees working in the same area in the 3 and 4 Shop.
“Claims against British Rail for asbestos exposure have been running for over 30 years. Even though the works were closed 25 years ago, cases are still arising because it can take up to 60 years for the illness to develop after exposure.”
British Rail accepted they were negligent in not providing Mr Archer with any masks, protective clothing or warning him about the dangers of asbestos.
Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk
Questions You Ask About Asbestos Claims
1. What illnesses are caused by asbestos?
- Pleural plaques
- Diffuse pleural thickening
- Asbestosis
- Mesothelioma
- Lung Cancer
2. Is there a time limit for bringing a claim?
Claims must be brought within 3 years of a patient being advised by the doctor that they have an asbestos disease or if they die within the 3 year period, within 3 years from the date of death. If you haven’t applied within this time limit, you can still apply to the court for permission to bring a claim out of time but it is better if you brought it within the 3 year period.
3. What happens if the employer who exposed me to asbestos no longer exists?
Most employers have Employer Liability Insurance. If there are Insurers, a claim can still be brought even if the employer is no longer in existence. We have 30 years of experience in bringing asbestos claims and are often successful in finding insurance companies even though the company long ceased to exist.
The Government are setting up an organisation to keep records of these Employer Liability Insurance and a fund of last resort for those who can not find their Employer Liability Insurance company.
4. What happens if I worked for two or more employers who exposed me to asbestos?
In the case of mesothelioma you can claim all the damages from any one employer. For the other asbestos illnesses you can claim against all the employers and they will each pay a contribution.
5. What can I claim?
Damages vary depending on your age, your financial position and the type of illness you are suffering from. You will receive a lump sum for pain and suffering which varies from £5,000 to £80,000 depending on the nature of the illness. In addition to this, you can claim for the following:
- Expenses incurred in the course of the illness
- Funeral expenditure
- Loss of the ability to do services such as decorating, DIY and gardening
- Loss of income and pension
- Nursing costs
Damages for Asbestos illness are often in the region of £100,000 – £500,000 and in addition legal costs are also paid so it is well worth making a claim
6. Are there any damages payable for wives / children who are exposed to asbestos from their husband’s / father’s clothing?
Wives / children exposed to asbestos from husband’s / father’s clothing can claim for damages providing exposure took place after October 1965.
7. I would like to bring a claim but how can I pay for legal costs?
We deal with these claims on a no win no fee basis. This means you only have to pay us if you win the case. In these cases the costs are usually paid by the Defendant’s Insurers.
8. How quickly can I obtain some monies for compensation?
We appreciate that if you have been diagnosed with an asbestos illness, particularly if it is serious, you will want a payment quickly. Once liability has been accepted by the insurers, we can usually obtain an interim lump sum of up to £50,000 for you. You will receive the balance once the case is concluded.
9. DSS Benefits.
If you are suffering from asbestos disease, you may be entitled to a number of benefits from the DSS even if you are still working, including Industrial Disablement Pension, lump sum from the Government and attendance allowance. We have the forms and will complete these for you.
We have been dealing with asbestos claims for over 30 years. For details of some of the claims we have recently dealt with, please click on ‘News’.
We will provide home visits to people suffering from asbestos disease anywhere in the country. We represent people suffering from asbestos disease throughout the United Kingdom and Worldwide.
Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk
