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Home > News > Mesothelioma compensation for widow of deceased joiner

15th October 2012

Mesothelioma compensation for widow of deceased joiner

Only in her 70’s when her husband died, our client in this claim for mesothelioma compensation was devastated at the loss of her companion. They had been together since they were teenagers.

Her husband had begun proceedings to make a claim for asbestos-related compensation, but sadly died before it could be completed. His widow asked us to continue representing her.

Our specialist asbestos compensation lawyers entered into robust negotiation with the deceased’s employer and were able to secure around £100,000 in compensation for his widow. Nothing will compensate her for her loss, but it will at least mean that she does not have the added financial worry now that he has gone.

Negligently exposed to asbestos by his employer

A joiner throughout his working life, the deceased had worked for numerous employers. However, he had returned several times to work for one building and construction company who regularly deployed him to work on refurbishment projects. This work required demolishing and replacing ceiling tiles, partitions and fireproofing, . Both the old products and the new contained asbestos and the deceased was routinely exposed to the asbestos dust created by this work.

In addition, as a joiner, he used asbestos to pack rawl plugs for the fittings, as well as working near to other tradesmen who were working with asbestos and generating dust in the environment.

Symptoms of mesothelioma

Always fit and health, our client’s husband had begun to feel unwell, initially having problems with his back. The pain worsened and he then developed a cold. Unused to feeling unwell, he visited his GP who immediately sent him for a chest x-ray. A consultant referred him for further tests, including lumbar puncture and lung biopsy. The results confirmed that he was suffering from the fatal illness, mesothelioma.

As his condition deteriorated, our client nursed him at home around the clock, until sadly he died just a few short weeks after receiving the devastating diagnosis.

The Trigger Issue in asbestos-related diseases

At the time that this claim for mesothelioma compensation was begun, a number of employers’ insurance companies had argued that no compensation would be paid because the insurance policy was not in place at the time the symptoms of the disease developed. This was known as the mesothelioma ‘trigger’ issue test case.

The question for the court to decide was whether the insurers liability for the disease was triggered at the time of exposure to asbestos or when the symptoms of the disease developed, often many decades after exposure, and when the employer was often no longer in business, and no insurance existed.

Our specialist asbestos disease lawyers fought the case to the Supreme Court this year (2012) and won a landmark decision that removes the uncertainty for victims and their families affected by mesothelioma and other asbestos-related diseases. The decision confirms that insurers who were on cover at the time of the asbestos exposure are liable to pay the claim for compensation.

Please click here for more information on the trigger issue.

Making a claim for mesothelioma compensation

If you or your family have been affected by mesothelioma or any other asbestos-related disease and you would like expert legal advice about how to make a compensation claim, we have a dedicated team of specialised asbestos-related lawyers waiting to help you. They have huge experience of asbestos claims and will be happy to answer any questions you may have about your claim.

Call us on 0800 783 9019 to speak to an advisor, or complete one of our online compensation claim forms, and one of our advisors will contact you as soon as possible.

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