Six-figure settlement in mesothelioma claim despite employer being uninsured
Anthony trained for five years as an electrician at the former 'Camper Nicholson Ltd' (later Chloe Trading Company).
He was exposed to asbestos while working on steam ferries, including those running between Gosport and Portsmouth, between1955 to 1960. He also worked on the construction of 'Ton Class' coastal minesweepers.
Anthony's job was to install electrical wiring in the minesweepers. He encountered cables coated with asbestos as he went about his work and was exposed to the fatal dust stripping off the ends of the wires. Asbestos was also used as insulation around the exhaust pipes connected to diesel engines.
Anthony was exposed to asbestos for more than two years. In a statement before his death, he said the dust was 'simply part of that environment.'
The main challenge in the case was that the Defendant company was no longer operating at the time Anthony brought his claim, but Andrew and his team continued to pursue the case regardless.
Andrew worked with other law firms to search for insurance cover relevant to Anthony's period of employment because other Camper Nicholson employees have also developed mesothelioma in the past. Unfortunately, no insurers could be found, meaning no claim could be made against the company.
Under the Diffuse Mesothelioma Payment Scheme (DMPS), employees who suffer from mesothelioma as a result of asbestos exposure in their employment, and who can prove liability, can apply for compensation when there is no Defendant or insurer. The DMPS demands a negative response from the Employers' Liability Tracing Office (ELTO) as proof that there is no insurance cover.
Following Andrew's approach, ELTO reported that Camper Nicholson Ltd did not have insurance. Andrew was therefore able to apply to the DMPS. Based upon Anthony's detailed statement prepared by the team, the application succeeded and obtained £131,236 for Anthony.
Government data show that the DMPS regularly rejects cases. For example, between April 2017 and March 2018, there were 65 unsuccessful applications and only 59 per cent of applications succeeded. This reinforces that the DMPS is a 'fault-based' scheme where the applicant must not only show that the asbestos exposure occurred at work but also that this exposure was negligent. A specialist asbestos solicitor can therefore help prepare the application to increase the chances of success.
Following settlement, Anthony's wife said:
'Thank you for all that you did for him… and for making the whole process so much easier and for being so kind to us, both of us.'
* name changed
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For further information about mesothelioma compensation claims, please call Andrew Morgan on 0330 460 6737 or email andrew.morgan@fieldfisher.com.
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