Significant award follows mesothelioma death

The widow of a man who was exposed to asbestos during the course of his working life has recovered a significant six figure sum by way of compensation.  The deceased had been exposed to asbestos throughout the course of his employment at the Defendant’s carriage works premises in York.

Having been diagnosed with mesothelioma, he sadly died just a few months later in his mid 60s.

A claim was brought on behalf of the deceased’s widow under both the Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act.

The compensation includes a payment for the deceased’s pain and suffering; a bereavement award to his widow and a significant dependency award that reflects both the deceased’s age at the date of death and the extent to which he provided practical support and assistance to his family.

The claim was initially submitted to BRB (Residuary) who dealt with claims against the former British Rail.  That organisation ceased to exist during the lifetime of the case and thereafter the claim was dealt with by the Department for Transport.

Having provided the Defendant’s representatives with proof of employment and exposure to asbestos, liability was admitted.  The claim was settled by negotiation after further detailed evidence was submitted in relation to the extent of the financial and practical dependency.

Speaking of the award, Kim Daniells, partner within Harrowells' specialist CNCI team, said: “This was a tragic and untimely death of a much loved man who should have been able to share a long, happy retirement with his wife.  It is clear that the legacy of the industrial use of asbestos in the 20th century continues to have a devastating impact upon families well into the 21st century.  We are pleased to have been able to resolve this matter by negotiation and to have succeeded in recovering a very substantial award but we are acutely aware that financial compensation will do nothing to ease the grief of this Claimant or the many others who have lost loved ones to asbestos disease”.