Diffuse Mesothelioma Payment Scheme success following lack of evidence and insurance
Our client Richard was employed by the John Dickinson Stationary Company (of Basildon Bond fame) from approximately 1948 until 1956. He worked as an apprentice maintenance electrician in a depot in Tottenham, London. It was here that he met his future wife Sally, who worked in the print department on the same floor as him. Maureen and Reginald married in July 1955 and left the Company the following year.
In 2019, Sally noticed that Richard was not himself and appeared to be losing weight at a rapid pace. She convinced him to visit his GP and he was immediately referred for a chest x-ray. In the hospital, he was asked about any occupational asbestos exposure and he exclaimed, 'it was that John Dickinson Company - that boiler room was covered in asbestos'. Richard underwent a pleural biopsy at Basildon Hospital a few weeks later and received the devastating news that he had biphasic mesothelioma.
Richard lived with the illness for 18 months before his sad death in March 2021. Sally sought guidance through the asbestos charity HASAG about how to proceed and contacted Fieldfisher. Natalie Amara visited Sally at home and took a detailed statement from her about the couple's experience of the John Dickinson Company.
Sally recalled that Richard worked in the maintenance department and would eat his packed lunch and take his tea breaks in the boiler room with the other maintenance workers. Natalie quickly traced John Dickinson's employers' liability insurance policy and instigated a claim. She obtained supportive medical evidence from renowned respiratory consultant Dr Andrew Leonard but John Dickinson's insurers refused to admit that their client was liable for Richard's illness and death without further evidence as to Richard's working conditions.
Natalie turned her attention to the other employer Richard listed on his benefits application form as having exposed him to asbestos - Taylor Controls Limited between 1960 and 1962 after coming into contact with asbestos in boiler rooms when laggers replaced old pipe lagging.
Whilst Natalie was able to trace an Employers liability insurance policy for this company, an extended search revealed no insurance was in place between 1960 and 1962. Natalie submitted a claim to the Diffuse Mesothelioma Payment Scheme on this basis, explaining the evidential difficulties faced with the civil claim against the John Dickinson Company and the limited evidence she had for exposure by Taylor Controls Ltd.
The DMPS accepted application as Taylor Controls Limited was not insured and Sally received a five-figure payout which means she can now move closer to her daughter and family.
Sally said: 'Such wonderful news. Thank you so much for all the work you and your team have put into the claim. I can now relax knowing I haven’t got to worry about money.'
* names changed
Contact us
For further information about mesothelioma compensation claims, please call call Natalie Amara on 03304607113 or email natalie.amara@fieldfisher.com.
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