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Family Wins Asbestos Compensation
Brigitte Chandler
Brigitte Chandler
The daughters of a Swindon railway worker who was exposed to asbestos during his working life have won £53,000 in damages.
British Rail, now known as BRB (Residuary) Limited, have agreed to pay damages to the family of Douglas Newman for wrongly exposing him to asbestos dust at British Rail Works in Swindon.
Mr Newman died on 18 December 2003, aged 84, from mesothelioma. For two periods, between 1933 - 1940 and 1944 - 1960, Mr Newman was employed at British Rail Swindon Works.
He worked excessively as youth labourer, apprentice boiler maker, patcher and boilersmith. Among other places, he worked in the notorious "V" Shop, "B" Shed and "A" Shop where there was extensive exposure to asbestos dust.
“Mr Newman started to suffer problems about a year before his death," says the family’s lawyer, Brigitte Chandler, a partner at law firm, Charles Lucas & Marshall, who has been bringing claims successfully on behalf of asbestos victims for almost 30 years.
“He became breathless and suffered from pain, exhaustion and weight loss. However, his illness, mesothelioma, was not diagnosed until after his death."
Mr Newman, who lived in the Moredon area of Swindon, worked on locomotive boilers which came in to the shops with clumps of asbestos on them where they hadn't been washed or properly cleaned. He was never given masks or protective clothing or any warnings about the dangers of the asbestos, even though British Rail knew about it at the time. He was also asked to cut sheets of asbestos.
Mr Newman was a widower and is survived by two daughters and six grandchildren. His daughters will receive a sum of £53,000 plus payment of their legal costs.
As Mr Newman only ever worked with one employer who had exposed him to asbestos, British Rail, he received all the damages due to him and was not affected by the recent House of Lords "Barker" case.
“The encouraging news is that since the House of Lords decision there have been debates and discussions by members of Parliament, including the Swindon MP, about the future of mesothelioma victims," says Brigitte Chandler.
"The aim is to change the law so that in future, mesothelioma suffers will receive all their damages, even if there employers are no longer in existence.“
Tony Blair’s speech at the GMB Conference in Blackpool yesterday (13 June) has indicated he will be looking to change the Barker ruling made last month which effectively stopped widows receiving full compensation for their husband’s deaths from asbestos.
He will be making a further announcement in the next couple of weeks.
You can contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk
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