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“Obviously, before my diagnosis I had no knowledge or experience of what was going to happen to me.”

Mr Bryan Brown, Scunthorpe (now deceased)

Asbestos and Mesothelioma:
An introduction to claiming compensation

Even after the potentially lethal dangers of asbestos were identified it was widely used in power stations, steel works, shipbuilding, the automotive trade and in construction.

A Silent Threat

Asbestos is a health risk when fibres are present in the air that people breathe. Today, it is the greatest single cause of work-related deaths in the UK and a damning indictment of previous corporate negligence.

Mesothelioma, the subject of this leaflet, is a fatal form of cancer caused by exposure to asbestos fibres. The importing and use of asbestos has been banned in the UK. But symptoms from asbestos-related illnesses can take a long time to appear - between 10 and 40 years after exposure has ceased, sometimes longer. Many people suffering now were exposed to asbestos way back in the 1950s, 60s and 70s.

Once Mesothelioma has developed, symptoms can sometimes be eased but there is no cure. For a person or their family in this terrible situation, claiming compensation can both help by providing financial security and bring some sense of acting against a grievous injustice. What follows here is a brief guide to how Thompsons can help you pursue such a claim.

Here is the story of one of our recent Mesothelioma clients.

“The Thompsons’ representative was like a Jack Russell with a rat – she may not find that flattering but I mean it to be – she wouldn’t let go.”

“In the summer of 2005 I had 4 litres of fluid drained from my chest and was told my condition was non-malignant. But on Sep 5 that changed and I was diagnosed as having
Mesothelioma. It came as a real surprise – and knocked the stuffing out of me.

A specialist Macmillan nurse got me leaflets and various documents. One was a booklet with a list of contacts of people who were familiar with the disease, if that’s what it is. Thompsons Lawyers was mentioned in that and I noticed they had offices in Leeds, not too far away from me in Scunthorpe.

Again, a few days later, I was talking to a Department of Work and Pensions man, and he knew of Thompsons, too. So I phoned them and asked someone from there to contact me. They phoned back within a couple of hours – and within another hour of that I was called by a Thompsons representative, asking if she could visit me. It was impressive.

The Thompsons representative came and stayed a couple of hours and after that, took control of the situation. She was brilliant – she wrote and phoned me regularly and kept me in the picture. She was like a Jack Russell with a rat – she may not find that flattering but I mean it to be – she wouldn’t let go. Her name was Helen Tomlin and she handled my claim throughout. I’d heard rumours of what settlements were in my circumstances but I also heard about a House of Lords debate where it was suggested such settlements should be cut back by 50%.

Eventually, a court date was set for April 19 this year – but I wasn’t going to go, I was too ill. As it worked out it didn’t matter. Neither of my 2 old employers contested my case and they settled in line with my original expectations. In fact, they even added a further amount to compensate for the same amount deducted from such settlements by the government. I am satisfied with my settlement, which will go to my estate and children and, again, grateful for the efficiency and dedication of Thompsons Solicitors.”

Bryan Brown, Scunthorpe

Sadly, Mr Bryan Brown has died from mesothelioma.  He leaves a widow and adult children.

Thompsons’ Helen Tomlin handled Mr Brown’s claim, earning his accolade of being “like a Jack Russell with a rat!”

Claiming compensation – how Thompsons can help you.

Over the last five years alone, we’ve dealt with hundreds of claims for Mesothelioma. We’ve achieved substantial compensation levels for our clients. And done so with the least possible upset to them. Indeed, though we have a formidable reputation for fighting hard for the maximum compensation in the minimum time, we also never forget that the diagnosis of Mesothelioma causes shock, anger and deep distress. We conduct ourselves with respect for that too.

Here are 5 vital points for you to consider.

1. Have you been diagnosed with Mesothelioma?

If so, seek legal advice promptly - there are time limits on making a claim. Generally, court proceedings should be commenced within three years from the date of your diagnosis. If you are, or were, a member of a Trade Union, claiming compensation should be free through your Union’s legal assistance scheme. (If you are unsure which Union you were in when you were exposed to asbestos contact us and we should be able to help.) If you are not a member of a Union, or are not covered by their scheme, we offer a free initial interview to assess your case. Should we proceed with your claim it will also be on a no-cost-to-you basis. So either way, you will not pay anything for us to act for you. You’ll get 100% of the settlement achieved and not a penny less.

2. Where were you exposed to asbestos?

As mentioned, asbestos related illnesses, including Mesothelioma, can take anything from 10 to 40 years or more to develop after exposure to asbestos. So it’s important to think back to the time, or times – possibly in more than one job, when you believe you were exposed. Some of the jobs where asbestos exposure may have occurred include:

Construction workers	Plumbers
Electricians	Boilermakers
Shipbuilders	Demolition workers
Carpenters	Joiners
Engineers

But you could have worked in other jobs where asbestos was present. Or merely lived near an asbestos factory. Further, family members of people who worked with asbestos
and brought the dust home on their clothes have sometimes developed Mesothelioma.

Thompsons have won groundbreaking cases in this field. Including the first ever successful asbestos compensation claim in 1972.

3. The liability of your employer or ex-employer.

Your employer is, or was, responsible for protecting you from exposure to asbestos at work. In most cases, we can claim compensation from your employer or past employer, for failing to provide such protection and the consequences suffered by you. Even if your employer no longer exists it may still be possible to pursue a claim – by Thompsons tracing your defunct employer’s insurers. And in rare cases where we are unable to locate an employer’s insurer, you may still be entitled to claim under the Government’s Workers Compensation Act 1979. Thompsons only work for injured people, never for insurance companies or employers.

4. How much compensation might be awarded?

Compensation payable varies in each case and is calculated by considering factors including:

• Pain and suffering
• Disability
• Financial losses
• Care costs
• Other expenses incurred as a result of asbestos-related illness.

We will claim compensation for all past and future losses. Our aim is to maximise your compensation.

5. What about State Benefit claims?

You may be entitled to industrial injuries disablement benefit and / or other State Benefits. Thompsons can provide advice as, of course, can your local DWP office and asbestos-related support group. Any such claims are made separately to your claim for compensation. Further down this page are the phone numbers for the DWP benefit enquiry freephone, the DWP freephone number relating to claims under the Workers Compensation Act 1979, the phone number for Mesothelioma UK and for the Forum of Asbestos Victim Support Groups.

“I want to thank you for all your help and guidance during Robin’s case and I am very grateful for all you did for me. I’d also like to thank Clare for being with *David and I on April 5th when we came up to London for the Court case. She was very kind and looked after me so well.”

MRS R CAMBELL

*her son

Mrs Cambell’s husband, Robin, was exposed to asbestos as a firefighter and developed Mesothelioma. Following his death, she made a claim for compensation on Robin’s behalf through Thompsons. She received a substantial settlement. The “Clare” Mrs Cambell mentions above is the Thompsons’ solicitor who handled her case.

“…The amount received far exceeded my expectations and gave me the security and peace of mind for the future that my husband would have so wanted me to have. I would like to thank you most sincerely for the work you have done… I have found you and your staff to be extremely understanding and courteous, you have kept me informed every step of the way and have explained matters in a way that I have been able to understand. This has certainly helped me through a difficult time.”

MRS SELBY

The above is taken from Mrs Selby’s thank-you letter to Thompsons. She received substantial compensation on behalf of her husband who died after contracting mesothelioma. His ex-employers were responsible for exposing him to asbestos fibres many years before.

“On behalf of my father and the rest of my family, I would like to express our grateful thanks for the professional and sensitive way my father's case was handled. The speedy and successful outcome was way beyond all our hopes at the beginning and it has certainly helped us all come to terms with the situation my father found himself in”

THE DOHERTY FAMILY

A thank you letter to Thompsons from the family of Mr Doherty who was a boiler cleaner from 1966 for over ten years. In 2005 he was diagnosed as having Mesothelioma and made a successful claim through Thompsons against his former employers.

Useful contacts

Mesothelioma UK
(the National Macmillan Mesothelioma Resource Centre):
0800 169 2409

Forum of Asbestos Victims Support Groups:
0161 636 7555

DWP - Pneumoconiosis (Workers’ Compensation) Act 1979:
Freephone 0800 279 2322

Department for Work and Pensions benefit enquiry line:
Freephone 0800 88 22 00
Textphone 0800 24 33 55

Thompsons Solicitors Offices

North East

St Nicholas Building,
St Nicholas St,
Newcastle-upon-Tyne
NE1 1TH
Telephone: 0191 269 0400
Fax: 0191 232 2324

202-206 Linthorpe Road,
Middlesbrough,
Cleveland TS1 3QW
Telephone: 01642 554 162
Fax: 01642 243 283

60 Fowler Street,
South Shields,
Tyne & Wear NE33 1PG
Telephone: 0191 4974 440
Fax: 0191 4276 966

Miners' Hall, Flass Street,
Red Hill, Durham DH1 4BB
Telephone: 0191 3845 610
Fax: 0191 3847 493

Yorkshire

17 Wellington Street,
Leeds LS1 4DL
Telephone: 0113 205 6300
Fax: 0113 234 2161

Arundel House,
1 Furnival Square,
Sheffield S1 4QL
Telephone: 0114 270 3300
Fax: 0114 273 8519

North West

Martins Building, Water
Street, Liverpool L2 3SX
Telephone: 0151 224 1600
Fax: 0151 236 2141

Acresfield,
8 Exchange Street,
Manchester M2 7HA
Telephone: 0161 819 3500
Fax: 0161 832 1676

Midlands

The McLaren Building,
35 Dale End,
Birmingham B4 7LF
Telephone: 0121 262 1200
Fax: 0121 236 6715

City Gate (East), Tollhouse Hill,
Nottingham, NG1 5FS
Telephone: 0115 989 7200
Fax: 0115 958 4700

Bethesda Chambers, Lower
Bethesda Street, Hanley,
Stoke-on-Trent ST1 3TA
Telephone: 01782 406 200
Fax: 01782 201 244

Wales & South West

Agincourt House,
14-18 Newport Road,
Cardiff, CF24 0SW
Telephone: 029 2044 5300
Fax: 029 2048 0028

18 Lawford Street,
Bristol BS2 0DZ
Telephone: 0117 304 2400
Fax: 0117 941 1460

The New Union House,
2 Harbour Avenue,
Plymouth,
Devon, PL4 0BJ
Telephone: 01752 675 810
Fax: 01752 603 825

30-31 Castle Street,
Swansea, SA1 1HY
Telephone: 01792 484 920
Fax: 01792 301 971

South East

Congress House,
Great Russell Street,
London WC1B 3LW
Telephone: 020 7290 0000
Fax: 020 7637 0000

Queens Keep,
1-4 Cumberland Place,
Southampton SO15 2NP
Telephone: 02380 212 040
Fax: 02380 633 691

Northern Ireland

Victoria Chambers,
171-175 Victoria Street,
Belfast BT1 4HS
Telephone: 028 9089 0400
Fax: 028 9032 6020

Further Information

Simply call 08000 224 224 for free expert legal advice.