Canteen worker's mesothelioma compensation claim success

We have recently concluded a claim in respect of Mrs W, a former canteen worker who has been diagnosed with mesothelioma as a result of asbestos exposure.

Mrs W and her husband provided canteen services to the Rugby Cement Group Limited (the defendant) at their cement works in Barrington. Mrs W was exposed to asbestos as a result of the employee’s of the defendant entering the canteen with their clothes contaminated with asbestos. This is known as secondary asbestos exposure. In mesothelioma claims of this type, it is the Public Liability insurance which is of relevance, as opposed to the Employer’s Liability insurance.

The defendant was a dissolved company and therefore we needed to try and find the Public Liability insurers who were on risk at the time Mrs W was exposed to asbestos in the canteen, resulting in her later diagnosis of mesothelioma.

Initially the Public Liability insurers could not be identified, and we therefore had to consider further whether Mrs W should be effectively treated as an employee of the defendant, so that the claim would fall instead to the Employer’s Liability insurers. Eventually however, the Public Liability insurers were identified and it was therefore not necessary to pursue the claim on that basis.

Liability was denied by the Public liability insurers. Independent witness evidence was therefore obtained from 5 former employees of the defendant, and from 1 former employee of Atlas Asbestos, which was situated just down the road. On disclosure of these witness statements, the defendant admitted liability. A huge amount of work went into identifying and then locating these witnesses to assist in ensuring a successful outcome to the mesothelioma claim. Their evidence proved invaluable in proving that the Public Liability insurers were liable for Mrs W’s asbestos exposure.

Mrs W’s claim has now been settled in her lifetime in the sum of £120,000 gross.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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