Successful Claim for Family of former British Rail Employee who died from Mesothelioma

Mr R worked at the railway works in Swindon between 1952 and the mid-1980s.  He spent his first year working in a sawmill on the carriage works side.  In 1953, after turning 16, he commenced a five-year apprenticeship as a fitter and turner. Mr R then carried out two years of National Service before returning to the railway works in the Carriage Maintenance Shop and later going on to work in inspection.

Whilst working in the sawmill, Mr R was next door to the Spraying section where railway coaches were sprayed with limpet asbestos.  There was a plastic sheet that separated the two areas, but workers passed through both meaning that asbestos dust and fibres were brought into the sawmill.

As an apprentice, Mr R worked in the Fitting Shop where brakes and cylinders were fitted.   Mr R worked underneath the carriages and hacked off excess asbestos insulation so the parts making up the braking system could be fitted into place.  A scraping tool was used to remove the excess insulation.

Mr R later worked in other shops were there was asbestos dust in the environment.  There was so much of it that apprentices were known to throw asbestos ‘snowballs’ around.  There was also extensive asbestos lagged pipework throughout the works.

When Mr R returned to the railway works after his National Service, he worked in the Carriage Maintenance section.  He worked on old and new railway carriages and was exposed to asbestos dust and fibres whilst chipping off asbestos insulation to fit brakes and mechanisms.  In his role as an inspector, he carried out inspections on forklift trucks.  The forklift trucks were used to move railway carriages and therefore came away with asbestos dust and fibres on them to which Mr R was exposed.

Throughout his employment, Mr R was never warned about the dangers of asbestos or provided with any protective equipment.

In 2021, Mr R began experiencing pain in his chest.  He was initially prescribed antibiotics for a chest infection, but was referred for a chest x-ray and CT scan when he complained of breathlessness.  Fluid was found on his lungs, which was drained, and further investigations sadly revealed a diagnosis of mesothelioma.  Unfortunately, Mr R was considered too frail at that stage to have any medical treatment.

Following his diagnosis, Mr R instructed the specialist asbestos disease team at RWK Goodman to investigate a claim.  Senior Associate, Laura Wilkinson, attended Mr R at home and took a detailed witness statement from him about his employment history and exposure to asbestos whilst employed in the railway works.  She was also able to refer him to the mesothelioma charity, HASAG, for assistance in applying for government benefits.

A Letter of Claim was sent to the Department for Transport as the successors of British Rail to provide details of Mr R’s claim.  Medical evidence was later obtained and served in support of his claim and Laura pushed for an admission of liability.  That was forthcoming and an interim payment of damages was then made to Mr R’s family after he sadly died shortly after the claim was instigated.

Work was undertaken with Mr R’s three daughters to quantify the claim and evidence the losses and expenses incurred as a result of the mesothelioma.  Two of Mr R’s daughters were living with him at the time of his death and in the few years preceding and Laura was able to prove a financial dependency claim as a result.

Following service of the Schedule of Loss and supporting evidence, it was necessary to issue proceedings in the High Court after the Department for Transport’s representatives failed to engage in reasonable settlement negotiations.  Directions allowing for the future progress of the claim and exchange of further evidence were agreed before the first Court hearing.  Settlement negotiations then ensued and the claim eventually settled in the gross sum of £117,500.