Thursday, May 7, 2009

64000 Compensation For Rail Workers Daughter By:Carys Robshaw

The daughter of a man who died after developing mesothelioma, a cancer triggered by exposure to asbestos, has won ?64, 000 in compensation from his employer, British Rail Engineering.

The rail worker did an apprenticeship at British rail in the 1940's and worked constructing new locomotives and repairing old engines for more than twenty years.

During his working life he was exposed to asbestos in the boilers, cylinders and pipes of locomotives, which fellow employees said would shed dust from asbestos when disturbed.

After being diagnosed with mesothelioma, the widower lived for just a few months, before passing away aged 79.

His daughter decided to start the claim eighteen months after his death, saying that she needed some time to come to terms with the loss of her father before pursuing the claim.

Aged 50, his daughter said that she knew the claim for compensation could be a struggle. It can be hard for some victims and their families to claim as they have to prove that the victim was not exposed to any other sources of asbestos during their lives.

For these two, that was not too hard to prove, as the man had only had one employer his whole working life and it was clear that it during his work with that employer that he came into contact with asbestos.

Having seen fellow colleagues of her fathers suffer as a result of their exposure to asbestos, his daughter decided that it would only be right to claim compensation from the company.

However, she admits she was surprised when she realised that the compensation she would receive would be in the tens of thousands.

She said: "I was shocked it was that much. I had no idea it would be that amount, I thought I would get a few thousand pounds at most.

"I may use the money to buy a holiday home. I'm glad I claimed for compensation because it was the right thing to do."

She said that at first she was apprehensive about making the claim, but is now relieved that she went through with it and came away triumphant.

"I knew I could claim because others had but I was not going to bother at first. I knew the hassle involved and I thought 'I'm not going there.' It was only when a neighbour told me I should claim and that I would be losing out if I didn't, that I decided to go ahead with it."

"I encourage other people to come forward because it is not difficult or scary," she said.

"The solicitors know what they are doing. But there is a lot of emotion behind it because you are forced to dig things up," she added.

Her solicitor, Brigitte Chandler of Charles Lucas and Marshall, based in Old Town, is a specialist in industrial disease law and was instrumental in helping her win the large sum of compensation for the loss of her father.

She said: "Sadly, this is another case I have dealt with involving a British Rail employee who worked in A shop.

"Claims against British Rail for asbestos exposure have been running for 30 years. I have done so many of these cases now and it is getting easier."

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