Katie Plappert, Senior Associate Litigation Executive recently secured an award of £37,085 for a client who sadly passed away due to asbestos exposure. The claim was brought on behalf of his estate by his family, against his ex-employer, Joseph Nadin Limited.
Our client had suffered a number of asbestos related diseases including asbestosis, asbestos-related diffuse pleural thickening associated with pulmonary fibrosis, and it was found that his life expectancy had been reduced by three years due to his exposure to asbestos.
He had worked for Joseph Nadin, later called Spousal (Midlands) Limited, over a number of periods in the 1950s and 1960s. Joseph Nadin Limited were incorporated in 1926, as Manufacturers of all kinds of coverings for heat insulation on Hollins Road, Oldham, Lancaster. This work included the application of non-conducting coverings of all types, including steam boilers, pipes, cylinders, and other heated or cooled surfaces. They were manufacturers of, and dealers in asbestos, and asbestos mattresses amongst other materials, The company name was changed to Spousal (Midlands) Limited in 1974 and they went into liquidation in 1986.
As part of his work, he would mix up asbestos insulation paste, apply asbestos insulation, sweep it up, and remove of old asbestos insulation. He would also make up sectional block insulation and cut it once dried, using an electric saw. Despite this heavy exposure, an asbestos-related diagnosis was only made in 2016, some 55-65 years later, and he sadly passed away in 2019.
We obtained expert evidence from a consulting forensic scientist to consider our client’s likely exposure to asbestos during his work. The expert commented that there were various regulations and guidance available to Joseph Nadin (or any prudent employer) at the relevant time, which, if followed, would have helped protect our client and other workers from exposure, or at the very least, lowered the exposure to asbestos dust. It was noted that the dangers of breathing asbestos dust had started to attract lots of attention within the industry from the end of the Second World War onwards, yet proper precautions were not put in place. It is worth noting that asbestos was used in building materials in the UK up to the mid-1980s, only becoming banned completely in 1999.
Sadly, our client was not given any proper respiratory protective equipment or clothing despite his work involving cutting directly into asbestos. Cotton masks were sometimes worn when sawing, but these were not kept on outside of that despite dust remaining airborne.
Liability was initially denied, and court proceedings were issued. The case proceeded through the court timetable however we were able to successfully settle the claim before trial.
Asbestos related claims are complex therefore it is important to instruct a solicitor with specialist legal knowledge. It is important not just to consider whether there has been exposure, but whether it was sufficient to cause the condition suffered, and whether there has been negligence, for example in this case, on the part of an employer failing to take precautions to protect their workers from the harmful substance. It is not unusual for symptoms to present many years after exposure has taken place, however, unlike in standard personal injury claims, the limitation period (in which a claim can be brought), runs not from when the exposure happened, but from when the claimant first had knowledge that their injury was attributable to a negligent act (or omission). The limitation period is three years but it is always best to seek legal advice as soon as possible.
If you or a family member were exposed to asbestos as a result of working for Joseph Nadin Limited, now Spousal (Midlands) Limited, or any other company, and you have since been diagnosed with an asbestos related industrial disease, then please contact our industrial disease solicitors today on 0161 696 6235 to discuss if you could be entitled to claim compensation. Alternatively please complete our online enquiry form and we will contact you directly.