One of our recent cases continues to dispel the myth that you cannot pursue a case if the company is no longer trading. This myth often needlessly troubles people diagnosed with asbestos-related mesothelioma.
However, rest assured that, in many cases, asbestos compensation claims can be pursued even if the company no longer trades. This is because claims can be pursued against the employers’ liability insurer that the company had when you or a loved one were exposed to asbestos. We have a database which contains the insurance histories of hundreds of companies that we have pursued in past asbestos claims. We are also experts at tracing employer’s liability insurance for companies that we have not previously pursued.
We are happy to say that we have recently been successful in recovering more than £124,000 in mesothelioma compensation for Mrs B, who sadly lost her husband to mesothelioma in January 2017. Her husband worked for a company which no longer exists. Below we discuss how we recovered mesothelioma compensation despite this.
We obtained evidence to support the mesothelioma claim, which confirmed that Mr B worked full-time for a company called Wyeland Caravans. He worked as a maintenance worker. The company was referred to on his HMRC work history as ‘P I Edmunds Esq-Wyeland Caravans.’
The business no longer exists and is now the site of an ASDA store. No insurance could be traced and so a claim was brought under the Diffuse Mesothelioma Payments Scheme (DMPS).
Exposure to asbestos
Mr B was regularly involved in repairing and maintaining caravans for the company – a common part of his duties involved cutting up asbestos sheets with a hand saw. These were used to line fire places within the caravans built by the company. As Mr B sawed through the asbestos sheets with a handsaw, a lot of asbestos dust would rise up into the atmosphere which he unfortunately inhaled. The dust also covered his work clothes, hair, and skin.
Mr B also nailed asbestos panels into place on a regular basis. This resulted in further asbestos dust being released into the atmosphere. Mr B continued to inhale this throughout the course of the day. He also had to apply a spray-on asbestos fireproofing material within the caravans for health and safety reasons. The asbestos was likely to have been blue and brown asbestos, as this was widely used in fire-proofed coatings at the time. Spraying the fireproofing material meant that Mr B breathed in harmful amounts of asbestos particles.
Sadly, Mr B was never warned of the dangers of working with airborne asbestos dust, nor was he provided with a mask to wear. We relied upon this as proof of negligent exposure in the mesothelioma claim. This has to be proved under the DMPS in order to secure mesothelioma compensation for sufferers and their loved ones.
Compensation recovered in under 90 days!
We secured mesothelioma compensation through the DMPS in less than 90 days for Mrs B. This case shows how straightforward pursuing a mesothelioma claim can be, even when offending employers no longer trade and insurance cannot be traced.
We only wish the DMPS could be extended to cover asbestos compensation claims for other debilitating asbestos-related diseases, such as: