When Mr S left school aged 15 in 1959 he took up a job at a plumbing, heating and ventilation company in Leyton, London, E10. He stayed there for just over 2 years before taking up a job in the Post Office.
Mr S was initially employed as a plumber's mate. The job included working with lengths of pre-formed insulating material. These lengths came in different sizes in order to fit pipes of different bore. He would cut the pre-formed material to length. He would cut out segments of the material in order to take the insulation round a bend. He cut this material with a hacksaw. Once the lagging was fitted into place around the pipe work he would apply a coat of white insulating material which had the consistency of Plaster of Paris. In all probability this lagging paste contained asbestos.
Mr S also did other jobs for this company which did not involve working with asbestos materials but he did sometimes use asbestos string or rope for caulking of cast iron pipe work.
Mr S was not given any protective equipment nor was he given any warnings about the dangers of working with asbestos.
After Mr S left the company in 1961. He was never exposed to asbestos again.
During 2013 Mr S suffered episodes of breathlessness. He felt generally unfit. On one occasion he was simply sitting at the breakfast table when he passed out. His partner called the ambulance. He went to the A&E Department and was kept in hospital for a week. Two weeks later he was told that he was suffering from mesothelioma.
Mr S contacted Andrew Morgan for advice in November 2014.
Andrew began enquiries and was able to identify the company that had employed Mr S even though this employer did not appear on the employment history that Andrew obtained from HM Revenue & Customs.. Mr S had copies of his letter of appointment and letter of recommendation, which were very helpful.
However, Andrew established that the company no longer existed and there were no prospects of obtaining compensation direct. Fieldfisher had no trace of ever having pursued this company before and so Andrew asked the Employer's Liability Tracing Office (ELTO) to look for insurers but they could find none.
Andrew advised that Mr S make a claim to the Diffuse Mesothelioma Payment Scheme (DMPS). This application was successful and Mr S received the DMPS award of £128,548.
The DMPS award included £7,000 to go towards legal costs. But Andrew had been particularly efficient in running the case and was able to limit his charges so that Mr S kept the balance.
Mr S was quoted to say:
"At a very difficult time they were there for us, they are compassionate and professional solicitors"
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Final victory in Bussey mesothelioma claim
Peter Williams of Fieldfisher is pleased to confirm that following agreement from the defendant to pay full damages plus costs in favour of Mr Bussey, the case has finally settled.
Bussey decision comes too late for carpenter exposed to asbestos in 1960s London
Our most recent settlement in the case of Alan Kaszubowski sadly highlights how important the Bussey judgement was.
Asbestos rulings provide glimmer of hope for cancer sufferers
Employers can no longer hide behind a statistic that claimed to show a ‘safe’ level of exposure, which could pave the way for a wave of compensation claims, writes Peter Williams for The Times Brief.
Claimant lawyers hail landmark asbestos risk ruling
Caroline Pinfold's landmark case of Bussey vs Anglia Heating Ltd. was featured in the Law Society Gazette