Personal injury news

Personal injury compensation refusal for
mesothelioma sufferers

The wives of factory workers exposed to asbestos are being refused personal injury compensation after contracting the fatal cancer, mesothelioma.

Doreen Ellis died from mesothelioma aged 73-years-old in 2004 after being exposed to the asbestos dust while washing her husband's work overalls over 50 years ago. Her husband is still alive and wishes to pursue a compensation claim against his former employers but has met a major obstacle.

Mr Ellis worked at Cape factory, Acre Mill, Hebden Bridge where an estimated 750 workers have subsequently lost their lives to asbestos related diseases.

Although there is no doubt that Mrs Ellis was exposed to dust brought home from the mill on her husband's clothing, as the law stands, employers are not liable for the deaths of family members of their workers even though they may have caused them.

Cape has a £40 million fund to compensate former workers that make personal injury claims but it seems that Mr Ellis and his family will not see a penny of it.

Cape have refused a request for a £65,000 settlement and with less than a 50% chance of success, Ellis' personal injury solicitors have advised that he discontinue with the case.

Solicitor Paul Glanville, wrote the following in a letter to Mr Ellis: 'Cape accepts it has liability for Acre Mill, accepts Mrs Ellis died from asbestos dust from Acre Mill brought home on the clothing of her husband, Cape accepts negligently exposing her husband to asbestos dust, yet Cape is not prepared to meaningfully consider its responsibility to Mr Ellis.'

Disappointed, Mr Ellis commented: 'I wanted people to know what was happening as there is going to be an explosion of asbestos cases in the next few years.'

James Maguire, who worked at Harland and Wolff, Liverpool, in the 1960s saw a similar result when he pursued a claim following the death of his wife who was also exposed to asbestos on his work clothes.

He was awarded £82,000 personal injury compensation in a High Court settlement only to have it revoked at a recent Appeal Court hearing which ruled that Harland and Wolff were not legally liable for Mrs Maguire's death.