Boyes Turner LLP were instructed by John after he was diagnosed with mesothelioma.Asbestos exposureJohn confirmed that he was exposed to asbestos dust between 1961 to 1966, while working as an Apprentice Plumber at Charles Jones & Sons (Builders) Limited in Liverpool.John explained that he was exposed to asbestos dust when cutting and installing asbestos guttering, cutting and fitting asbestos roof sheets, cutting and fitting asbestos roof tiles, cutting asbestos sheets and fitting them to fire doors and removing lagging from pipes in order to repair them.John sadly passed away on 2 October 2015.Diffuse Mesothelioma Payment schemeWe carried out investigations into Charles Jones & Sons (Builders) Limited, but could not identify any employers’ liability insurers. Employers’ liability insurance was not mandatory until 1972. We therefore made an application under the Diffuse Mesothelioma Payment scheme 2014 on behalf of John’s widow.The application was successful and Mr John’s widow was awarded £164,366 by the administrators of the scheme.It is unfortunate that no employers’ liability insurance was identified for John’s former employers, but this is a common problem. At that time, there was no central record of insurance policies and it was not compulsory to take out insurance. As such, policies are sometimes no longer traceable and, in some cases, never existed in the first place.ConclusionWe were happy to help John’s widow to receive compensation under the Diffuse Mesothelioma Payment Scheme 2014. However, there is no such scheme in place for victims of other asbestos related diseases who have been exposed to asbestos by uninsured employers. If John had been diagnosed with asbestos related lung cancer, rather than mesothelioma, it would not have been possible to recover any compensation. This is an injustice which surely needs to be addressed.
