Being a director or owner of a business has many perks. You control the operations of the business, have the last say when hiring and firing personnel, and get a cut of any profits made by the business. One consequence however is that you cannot make a claim for compensation against the business if you are injured or suffer exposure to asbestos during your time as a director or owner – i.e. you cannot sue yourself. But what happens if you were employed by said company years before you became an owner or director as a junior member of staff or apprentice? Stephen* faced this predicament and contacted Laura to help investigate the possibility of commencing a claim for compensation. Circumstances of asbestos exposure Stephen commenced a joinery and carpentry apprentice with a joinery company in April 1959. He started the day before his 15th birthday and remained associated with the company until it went into administration in 2003. Over this period Stephen progressed up the managerial ladder of the business. He moved from the workshop floor into the office and eventually became a director of the business in 1998. During Stephen’s nearly 50 years of association with the company he was only exposed to asbestos during the years of his apprenticeship. This exposure occurred when the company was fabricating fire doors. During this time the young apprentice had no control over the work he completed day to day and had no say over the business’ health and safety protocols. Fabricating these doors required Stephen to carry 8ft x 4ft sheets of Asbestolux to the supply shop/cutting shop, and to use a Wadkin saw (also known as a travelling saw) to cut the Asbestolux to size. Cutting the Asbestolux was dusty work and swirling clouds of dust would travel through the workshop and stick to Stephen’s hands, face, hair and apron. The dust being thrown into the air was so coarse that Stephen recalled using a compressed airline at the end of a workday to blow the dust off his clothing. Symptoms of asbestos-related illness Stephen had no major illnesses or health conditions for most of his life, with the closest major medical event being the removal of his appendix. In late November 2022 Stephen and his wife visited a family member in hospital and contracted COVID-19. Both Stephen and his wife struggled to recover from their bouts of the virus and were still not well at Christmas time. After Christmas, Stephen started to suffer from shortness of breath which was originally thought to be Long COVID. A precautionary chest x-ray was arranged, with this leading to the discovery of a shadow on Stephen’s lung. Conversations with a consultant at Stoke Mandeville Hospital raised the possibility of asbestos exposure during his younger years. Whilst Stephen knew that he had been exposed to asbestos as an apprentice he never thought he would develop future health complications let alone cancer. Stephen was subsequently referred for a CT scan and a biopsy was taken. A formal diagnosis of the asbestos related cancer mesothelioma was made in May 2024 with medical treatment quickly commencing. A lung drain resulted in 4.5 litres of fluid being taken from Stephen’s lung, and he commenced dual immunotherapy in mid-June 2024. Claiming compensation for mesothelioma Stephen contacted Laura Magson to see if she could assist him with a legal claim in June 2024. Laura’s team set about conducting the necessary company research and a home visit was arranged to take further details regarding Stephen’s past occupational exposure to asbestos. The former insurers of the company were notified of Stephen’s intention to commence a claim in mid-June 2024, and Laura’s team worked to restore the since liquidated company so that a claim for compensation could be pursued. Laura obtained a supportive statement from a former colleague, whose evidence corroborated the events recounted by Stephen during the years of his apprenticeship and the exposure to asbestos that occurred. This was particularly important due to the alleged years of asbestos exposure. Stephen sustained asbestos exposure before a watershed moment of the knowledge of the dangers of asbestos in 1965 meaning great detail on the intensity duration and frequency of asbestos contact was needed. Further questions were put to both Stephen and the witness by Laura and a barrister, which resulted in the Defendants conceding liability and making an interim payment. Medical evidence was obtained from a consultant physician in late October 2024 and Laura continued to negotiate a settlement of Stephen’s claim on the advice of a Barrister. Laura achieved settlement for Stephen seven months after he first contacted her and has the reassurance of knowing that the Defendant will fund any treatment that Stephen has that is not available on the NHS. Laura said “it was my privilege to represent Stephen and to work with him and his wife who always remained positive despite the devastating diagnosis. I was absolutely amazed that Stephen could recall incidents and the detail of the working conditions that he was exposed to more than 60 years ago. I would like to thank the witness who undoubtedly helped to bring this case to a successful conclusion.” Stephen said “I have found the experience of dealing with Laura and her team excellent continually keeping me informed with the progress of the claim. They have been very professional throughout. I would like to take this opportunity to thank you and your team for all your help and assistance with my claim you have been so kind and supportive”. *Names have been anonymised For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
