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26th January 2011

Widow of painter and decorator receives mesothelioma compensation

A painter and decorator asked us to represent him in bringing a claim for mesothelioma compensation when he was diagnosed with this fatal asbestos-related disease. Once a diagnosis of mesothelioma is received, life-expectancy for the victim is tragically cut short, and sadly, he died before the claim was concluded. We continued to act on behalf of his widow to secure full asbestos-related disease compensation for her husband’s suffering and her loss.

Nothing can compensate for the loss of a loved one and life-time partner, but the substantial damages recovered will mean his widow will not have the additional worry about her future financial security.

Negligently exposed to asbestos dust

Throughout his working life, the deceased had been a painter and decorator. He had worked for the two employers for most of this time and had been negligently exposed to significant amounts of asbestos dust by both companies.

The deceased had been exposed when routinely working alongside other trades who were handling asbestos products. On frequent occasions he worked directly alongside as they removed and replaced asbestos lagging, mixed asbestos paste in the open work environment, and then swept up the dry waste, causing clouds of asbestos to be released into the air he breathed.

Other instances of routine asbestos exposure occurred whilst he was working as a decorator and was required to tip bags of asbestos into paint to form a textured coating, which he then applied to ceilings and walls. As he tipped the bags, clouds of asbestos dust would be thrown into the air he breathed.

No warnings on the danger of asbestos-related diseases

Well aware of the dangers and the preventative measures that they were required to implement, neither employer provided the deceased with warnings of the risks of developing an asbestos-related disease. Nor was he provided with any adequate protection such as masks, exhaust ventilation or other breathing equipment. No effort was made by the employers to remove him from the contaminated areas in which this work was carried out.

Breaches of regulations

The employers failure to protect their employee meant that they were in breach of several regulations, in particular the Asbestos Regulations 1931 and 1969, as well as their duties under common law. Had they adhered to their statutory duty, they would have carried out risk assessments to identify measures that could have been taken to protect the deceased and other employees.

Interim payment for mesothelioma admitted by employer

Our specialist asbestos compensation lawyers were able to secure an early interim payment for our client, the deceased’s widow, before eventually reaching an out of court settlement for the final sum. We negotiated strongly to secure the maximum mesothelioma compensation which our client was entitled to, and after rejecting an initial unacceptable offer, were able to recommend she accept a substantial six-figure sum. We were also able to secure an additional payment to go directly to the hospice where the deceased was looked after in his last few weeks of life.

Mesothelioma compensation claim

Clear Answers' solicitors has a dedicated team of personal injury lawyers specialising in asbestos-related injuries who are able to offer expert claim advice in what can be very complicated personal injury claims. They have huge experience of asbestos-related disease claims and will be happy to answer any questions you may have in plain English.

You will receive 100% of the compensation awarded. If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself.

If you or your family have been affected by mesothelioma or any other asbestos-related disease and would like some advice about how to make a personal injury compensation claim, contact Clear Answers' solicitors on 0800 783 9019 or complete one of our online compensation claim forms, and one of our representatives will contact you as soon as possible.

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