Lawford Kidd's Blog

A woman who contracted mesothelioma after washing her husband’s asbestos-contaminated clothing has been awarded £700,000 in damages, reports the Evening Standard.

Ronald Haxton died in 2009 from mesothelioma that he contracted as a result of exposure to asbestos dust during his job dismantling old boilers. His wife, Monica, used to hand-wash his overalls that were covered with the asbestos dust, and in 2012 she was diagnosed with the same fatal condition.

Mr Haxton’s employers had admitted liability for his death, but had rejected a negligence claim over her own terminal illness. However, the Appeal Court found in Mrs Haxton’s favour and ordered the company to pay compensation.

The serious risks to health faced by many workers in Scotland have been highlighted by recent Health and Safety Executive (HSE) figures showing that 22 workers were killed while at work in 2012/13. This figure represents an alarming rise over the 19 deaths that took place over the previous year.

A further 1,914 workers sustained a major injury in 2012/13, down on the 2,215 major injuries that occurred during the previous year.

Employers urged to focus on safety

HSE has published these figures as part of a fresh appeal that calls on employers to ensure the safety and wellbeing of their workforce is a top priority for 2014 and to not put lives at risk.

A recent article from the Irish Injuries Board has highlighted the risks to workers of injuries from burns and scalds.

Ireland sees an increase in burn injuries

In Ireland, the Injuries Board is the state body responsible for processing personal injury claims. It conducted a piece of research and found that in the past two years alone, the number of compensation awards made for burn or scald injuries had increased by a third.

In 2011, 28 workers received compensation after being burned or scalded in the course of their work. In 2012, this figure had risen to 42. The Board highlights how painful these injuries can be, and that they can be the cause of great suffering and hardship for the injured workers.

A new support scheme has been launched by the UK Government to help newly diagnosed victims of mesothelioma.

Mesothelioma

Mesothelioma is a cancer of the lining of internal organs, such as the lungs, and is almost always the result of exposure to asbestos. It is always fatal, and sufferers can only expect to live around eight or nine months on average after diagnosis.

Claiming compensation for mesothelioma has often been a problem for sufferers because typically symptoms do not appear until 40 or 50 years after the exposure to asbestos has taken place. As a result, by the time a sufferer realises he or she has the condition, their employer may no longer be around to make a claim against.

New research by LV= Broker has found that one in 20 small business owners have no insurance cover in place – equivalent to 230,000 businesses across the UK - leaving them vulnerable to liability claims, hefty fines and prosecution.

By law, all businesses employing staff must have employers’ liability (EL) insurance as a minimum otherwise they can be fined up to £2,500 a day by the Health and Safety Executive (HSE). Despite this, the research found that 350,000 small businesses that employ staff have no cover in place.

As well as being vulnerable to fines from the HSE, business owners could find themselves heavily out of pocket should one of their staff make a claim against them. According to LV= claims data, there has been an increase in the frequency of employer liability claims as more employees brings claims against their employers.