A railway worker who has been diagnosed with the asbestos related cancer mesothelioma has received a six-figure compensation payout from his former employer.
The 82-year-old from Derbyshire had worked on and off for British Rail for more than 30 years, joining in 1957 when he was just 15-years-old, before leaving permanently for another job in 1991.
Throughout his time with the company, he regularly came into contact with significant quantities of asbestos dust and fibre, working to clear and refurbish coaches that had been sprayed with blue asbestos paint as well as laying flooring in the coaches which would arrive with wet asbestos sprayed onto the floor.
As part of his job working in Derby, the man, who has asked not to be named, was also responsible for stripping the carriages including pulling old asbestos off the walls.
However, despite the prevalence of the asbestos dust and debris, which even in the 1950s was known to be highly dangerous, members of staff were not made aware of the risks or offered any protective equipment.
In December 2022 his health started to deteriorate, and he experienced shortness of breath, chest pains and fatigue. It was then that he visited his GP, with medical tests confirming that he was suffering from mesothelioma, an aggressive form of cancer linked almost exclusively to exposure to asbestos.
Following his diagnosis, he reached out to the Derbyshire Asbestos Support Team (DAST) and, through his union membership with Unite, was able to access legal support from specialist asbestos lawyers at Thompsons Solicitors.
He has since received a significant six figure compensation care package from British Rail as part of an out of court settlement which will enable him to access vital life-extending therapies and to meet his ongoing care needs.
Speaking out about his exposure and the impact that his illness has had on his life he says that while no amount of compensation will ever make up for what he has been through, he does at least feel that some justice has been done.
“Of course, I feel incredibly angry about the way that me and my colleagues were treated,” he said. “The asbestos dust was everywhere but we were never given any warnings about the risk to our health, or provided with any equipment that could have prevented me from getting ill.
“When my health started to deteriorate, I didn’t imagine that it could be because of something that I had been exposed to whilst I was at work, so the diagnosis of mesothelioma was a huge shock. Thankfully I had a lot of support around me, and I was able to get some help from DAST, which referred me to Thompsons Solicitors.
“While nothing will ever make up for the way we were treated or help to restore my health, the compensation will at least provide some relief and financial security for me and my family.”
Kirsty Woods, an asbestos disease lawyer at Thompsons Solicitors who represented the former railway worker in his legal claim, added: “The dangers of asbestos exposure have been known for many decades and so it is deeply upsetting to work with clients who have come into contact with the material without receiving the correct training or provided with the necessary protective equipment.
“Sadly, we have managed a number of claims on behalf of former British Rail workers, many of whom were employed by the company for a large portion of their working lives.
“We are pleased to have now settled this case on behalf of our client and hope that the compensation secured will provide him with access to all of the treatments and ongoing care that he needs moving forward.”
Unite legal director Stephen Pinder said: “This a tragic example of the terrible implications poor health and safety procedures can have on a worker and their family. Mesothelioma is a horrific disease that can develop suddenly and rapidly, decades after exposure to asbestos.
“Unite Legal Services is committed to supporting our members who have suffered because of this avoidable disease. Being able to access free, specialist legal advice meant our member has secured the maximum compensation.”
This case was settled out of court with an admission of liability.
Asbestos disease diagnosis? Talk to us for advice and support on how to secure compensation.
If you or a loved one have been diagnosed with an asbestos-related disease, we can support you with advice on how to make a claim.
The process will be explained in plain English and with no obligation – our priority is to provide you with the best, expert advice on whether you have a valid case for compensation, and to signpost you to further sources of support.
There are strict time limits applied to making a claim – usually three years from the date of diagnosis. It doesn’t matter if the exposure to asbestos took place – as it often does – decades ago, the three year time limit applies to the date of knowledge of diagnosis or date of death.
For further information, visit our How to Make A Compensation Claim page.