Posted by Jennifer Seavor, Senior Associate
Family of former lagger recover compensation following his death from mesothelioma
Bill was employed by Joseph Nadin (Royton) Limited between 1958/59 and 1962/63 and again, intermittently, between 1967 and 1968 as a lagger.
Bill regularly came into contact with asbestos whilst working at a number of power stations, where he was required to lag pipework using asbestos paste. Bill had to prepare the asbestos paste by mixing asbestos powder with water. The lagging was mixed in a big drum and then applied to the pipework by hand. This work created a huge amount of dust, which covered Bill’s clothes and got in his mouth, nostrils and hair. Bill was not provided with any respiratory protection nor warned of the dangers of asbestos.
Bill approached Royds Withy King in May 2018 following the onset of his symptoms. We visited Bill at home in Sheffield and spoke to him in detail about his employment history and exposure to asbestos. We also helped Bill complete application forms for government benefits to which he was entitled. Bill sadly received a formal diagnosis of mesothelioma in July 2018 and a letter of claim was sent to the Defendant to inform them of the claim.
A medical report was obtained from an expert consultant physician regarding Bill’s onset of symptoms, diagnosis, likely life expectancy. Unfortunately, Bill’s condition deteriorated very quickly and sadly, Bill passed away on 5 September 2018 before his claim could be concluded. Following Bill’s death, his wife continued with the claim.
Despite attempts to enter into meaningful communication with the Defendant regarding settlement of Bill’s claim, there was little progress from the Defendant. Court proceedings were therefore started in January 2019 in order to progress the claim and judgment was entered in Bill’s wife’s favour.
A hearing was listed to take place in the High Court in London in November 2019 for a judge to decide the final amount of compensation to be paid. Negotiations were entered into with the Defendant and the claim settled just days before the hearing was due to take place, for £200,000.