Published on 2 - November - 2009

News

Worker finally wins asbestos compensation battle

A welder who contracted asbestos-related cancer at work, has finally succeeded in getting £140,000 compensation from his former employer's insurers, after they initially denied being on cover.

Between 1950-1955 and 1957-1960, Ronnie Cadwallader worked for Bootle-based firm Carolina Engineering, stripping off asbestos lagging on pipes and boilers, as part of maintenance and repair work.

Cadwallader was fit and never had any serious illnesses, prior to contracting mesothelioma. Cadwallader was diagnosed with the cancer in November 2007.

Carolina Engineering was one of two firms who were responsible for exposing him to asbestos. However, both of the firms stopped trading and went out of business many years before. Cadwallader initially instructed local solicitors who tried to trace the previous employer liability insurers of Carolina Engineering. This included making an application in January 2008 to the Association of British Insurers(ABI) under their voluntary code for tracing insurers. However, the response to his first claim came back negative.

Following a two year battle against the cancer and his former employer's insurers for damages, Cadwallader was finally offered £140,000 by Carolina Engineering's insurer Zurich, which he accepted. (The case was listed for trial on November 10, 2009). After the deduction of government benefits which the 76 year-old had already received, Cadwallader can expect to get damages of around £115,000 in his hand.

Solicitor Kevin Johnson of John Pickering and Partners said: "Ronnie's claim had not been able to proceed until we traced the insurers and if we had not submitted another ABI search then the case would probably have failed. Many asbestos sufferers and other people with serious illness and injuries go uncompensated because of the failure of insurers to ensure that their records were retained".

Employer liability (EL) insurance has been compulsory by law since 1972, however, there is no system for recording historical EL insurance policies, which means that if employers are defunct then asbestos sufferers may face massive difficulties in tracing an insurer to meet their claim. The DWP Review Statement on the ABI Code for 2006-2007 found that an average of 35% of insurance traces were successful during this period. For searches prior to 1972, the figure was 25%.

Kevin Johnson added: "Given the long latency periods for many industrial diseases, (such as mesothelioma, which often takes 40 years or more to come to light); this failure to trace pre-1972 policies is a compelling indictment of the Code's failings".

Ronnie Cadwallader said: "My case proves that the insurance scheme for trying to trace policies just doesn't work, it is totally hit and miss."

Asbestos is found in many products used in buildings, including ceiling tiles, pipe insulation, boilers and sprayed coatings. To find out about the asbestos awareness campaign launched by the Health and Safety Executive click here