FSCS funds 90% of carpenter's mesothelioma claim | Fieldfisher
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Case Study

FSCS funds 90% of carpenter's mesothelioma claim

A man with short, light hair and glasses stands against a light-colored background. He is wearing a striped, dark suit with a light yellow tie and a light-colored shirt, looking directly at the camera with a neutral expression.
Andrew Morgan
Close-up of two hands in gloves using chisels to carve a piece of wood in a sunlit workshop, with fine wood shavings floating in the air. The sunlight casts a warm glow, creating a bright and focused atmosphere for woodworking.
Leaving School in 1953, Frederick Hearnden spent 13 years working at AK Willson (sic) & Son, initially as an apprentice, later qualifying as a carpenter and joiner. He went on to become a self–employed carpenter until retirement.

In the summer of 2019, Mr Hearnden was on holiday with his family when he noticed unusual breathlessness. A subsequent X-ray showed a build-up of fluid and a suspicious mass on his lung. He was eventually diagnosed with mesothelioma caused by asbestos exposure.

In his statement, Mr Hearnden described how he had been exposed to asbestos working at AK Willson & Son and specifically cutting sheets labelled as Asbestolux. He remembers retuning home with his clothes covered in asbestos dust. He was never given any protective equipment by his employer.

AK Willson & Son was dissolved some years ago. A claim for compensation would usually be available from its insurance company, but it too had become insolvent. The insurer could not meet Mr Hearnden's claim but he was protected by Financial Services Compensation Scheme (FSCS). Because Mr Hearnden's employment ended before 1 January 1972, the FSCS paid 90 per cent of the full value of the claim.

Andrew Morgan successful negotiated an award of £130,000, which, at 90 per cent, meant Mr Hearnden received £117,000 compensation.

Following settlement, Mr Hearnden's family said: "John and I are so grateful to you for dealing with our case so sensitively and the care taken when asking those more difficult questions. Your old-fashioned courtesy and politeness were very much appreciated at a most difficult time for us while trying to come to terms with this hideous disease."

Contact us

For further information about mesothelioma compensation claims, please call Andrew Morgan on 0330 460 6737 or email andrew.morgan@fieldfisher.com.

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