Claiming compensation for asbestos related conditions Certain criteria must be met to claim compensation for an asbestos related condition. One requirement which often poses complications is locating a paymaster. Michael, a retired carpenter/joiner, faced this dilemma as the small joinery business he completed his apprenticeship with did not appear to have any employers’ liability insurance for the period he was employed as an apprentice. After speaking with the asbestos support group HASAG Michael contacted Melloney, who began investigating his claim. Unfortunately, there was no trace of a live company or any insurance for the relevant former employer and therefore Melloney advised Michael to bring a claim under the Diffuse Mesothelioma Payment Scheme (“DMPS”). Circumstances of exposure Michael commenced a carpentry/joinery apprenticeship in the summer of 1963. During his apprenticeship Michael was keen to learn and grow his skills and assisted wherever necessary. The company built and completed maintenance work on a multitude of building sites including churches and schools. The business would also require their apprentices to work on smaller existing properties and new builds. There was no job too big or small and Michael would help on any job required. The young apprentice found himself completing regular maintenance at one school on almost all school holiday periods throughout his apprenticeship. Maintenance was required in classrooms, around the boiler room, etc. They also completed a classroom extension which involved some roofing work. It was common for there to be other tradespeople, including plumbers, completing work at the school where needed. Michael would find himself working alongside the other tradesmen in the enclosed and dusty boiler room. Asbestos lagging in this room was degrading and friable. Michael recalls one nursing home having a large boiler room as well. He did maintenance work in and around this boiler room and once again found himself working around other tradespeople. The pipework was lagged with asbestos and the environment was enclosed and dusty from others removing the asbestos to undertake their own maintenance/repair work. Throughout his apprenticeship, at various different sites, Michael worked with asbestos corrugated sheets. He cut asbestos corrugated roofing sheets with a hand saw, drilled them and fitted them. This was a job he did at least monthly. The asbestos corrugated sheet were screwed or drilled into the timber beams or other support underneath. Michael completed this work with no mask, no gloves and wearing his own clothes which became very dusty. Cutting and handling the sheets resulted in his hands becoming dusty from the exposed edges of sheets. This dust would stick to his hands and clothes like glue. Symptoms develop Michael was diagnosed with pleural plaques in approximately 1993. This diagnosis caused no symptoms and did not stop him from working, playing golf and living an ordinary life. In approximately July 2023 Michael began experiencing shortness of breath. He felt more and more fatigued but was unsure of the cause. He was also experiencing symptoms similar to that of shingles. Due to these symptoms, Michael attended with his GP in July/August 2023 and had various tests arranged. A CT scan was also performed in September 2023. On or about 8 February 2024 Michael underwent a CT scan with contrast. Upon receiving the results of this scan it was believed that he had mesothelioma. Michael was formally diagnosed on 13 March 2024 following biopsies performed on 28 February 2024. Since that time, Michael has undertaken various forms of treatment for his condition. Claim process Upon receiving his mesothelioma diagnosis, Michael contacted HASAG for support and advice. HASAG put Michael in touch with Melloney, who attended Michael and his wife at their home. The team completed various searches to try and locate a paymaster for the potential claim. Unfortunately, no live company or insurers could not be located, meaning that Michael’s options for claiming compensation were limited. Fortunately for Michael, Melloney and her team were able to make a successful application to the DMPS, a statutory claim scheme established to compensate individuals who have developed mesothelioma throughout the course of their employment but who cannot locate a paymaster who can meet a successful claim. Michael’s application was carefully handled by Melloney, leading to a successful claim being made and an award of damages being paid to Michael. Michael said “very many thanks for the hard work you've done on our behalf.” *All 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.
