Asbestos Justice recovered mesothelioma compensation for Mr T, who was employed by the Tyneside Council between 1979 and 1984 approximately, working as a Principal Building Services Engineer. This job involved him working in the design of electrical and mechanical installations in all buildings owned by the council and the maintenance of the buildings.
A detailed witness statement was obtained from Mr T in support of his mesothelioma claim and this confirmed that at the time of his employment with the council there was a general policy of removal of asbestos in council owned buildings.
Mr T was exposed to asbestos when attending an infant’s school in North Tyneside where asbestos was being removed. Specifically, asbestos was in the process of being removed from the pipes, the loft space and the pipes that led to the boiler room within the school. A specialist company had been called in to remove the asbestos. Mr T believed that this company was known as Cape Asbestos.
Our client confirmed that he went into the school to check that it had been removed satisfactorily as part of the heating contractors going in to do their work. He recalled walking into one classroom, stood on a chair and wiped his finger along the top ledge above the blackboard ad in doing so, noted an off white fibrous dust on his fingers, which was asbestos dust. The asbestos dust was also visible on top of the door in the classroom. The contractors had only just finished work on this occasion. Once Mr T realised that asbestos dust was present and some of the deadly dust was clearly visible, he left the school and went back to the office where he telephoned the asbestos removal company to report the presence of the dust. Mr T advised the person he spoke to that the company would have to go back to the school and ensure that all of the asbestos dust had been removed.
Mr T used to inspect public buildings where asbestos had to be removed, prior to heating engineers going in, or as part of an asbestos removal or making safe programme. Mr T confirmed in his statement that he would go in to ensure that the building was clear of asbestos. During this time, he did not wear any protective equipment as this was not provided to him by the council.
At some point during Mr T’s employment with the council he was advised about the dangers of asbestos and he decided to organise a training course run by Swan Hunters, the shipbuilders in Wallsend. Mr T relayed this information to the workplace and following his return, masks were introduced. After this time he recollects wearing a mask secured by an elastic band round his head when entering areas where asbestos was suspected to be present.
Sadly, the council’s health and safety procedures were implemented too late for Mr T who tragically developed the incurable asbestos related cancer following his exposure to the asbestos dust at the school.
The mesothelioma claim settled for £290,000.00 after arguments were raised by the council on the extent of Mr T’s exposure. Engineering evidence had to be obtained in support of the claim to show that the exposure experienced by Mr T with the council, materially contributed to the risk of him developing asbestos related mesothelioma.
Asbestos Justice has regularly reported on the legacy of asbestos within schools across England and Wales. Further information is available on this site under our “news” section.
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