T&N pensioner receives compensation30 September 2009
Diagnosed with Pleural Thickening
A Bolton pensioner is among the first to receive compensation from the Turner & Newall (T&N) asbestos Trust following a change in the law to help asbestos victims.
The 76-year-old from Bolton was diagnosed with pleural thickening in 2008 after he was exposed to asbestos while working for Turner Brothers Asbestos Company for 20 years in the Greater Manchester area.
Following his diagnosis he pursued a claim against the T&N Trust, a fund set up to compensate those who suffer from an asbestos related disease caused by T&N, but his compensation payment was delayed by seven months due to a change in the law.
T&N exposed thousands of workers across the UK to asbestos
T&N exposed thousands of workers across the UK to asbestos. It went into administration in 2001 and as a result the Trust only pays out a percentage of the full compensation.
In 2008 a new law was introduced to make a lump sum benefit payment from the DWP to asbestos victims within 15 weeks of diagnosis. Under the new scheme the benefits are refunded to the Government (usually by the employer’s insurers) in the event of a successful claim against the employer.
Before 2008 T&N claimants were exempt from repaying state benefits, but there was no exemption under the new law meaning hundreds of families who were already receiving only part of their compensation were left even further out of pocket.
Change in the Law
Following objections from asbestos victims support groups backed by legal argument from asbestos claims specialists Thompsons Solicitors and a campaign by the trade union Unite, the Government passed Regulations reinstating the right of T&N claimants to keep the statutory benefits in addition to the compensation from the T&N Trust fund.
The Bolton pensioner is among the first to receive compensation from the T&N Trust following the law change.
Steve Dickens from Thompsons Solicitors, which represented him said: “Settlement of this case was delayed until the Government reinstated T&N claimants’ right to receive statutory benefits in addition to compensation from the T&N Trust fund.
“Due to this successful campaign, which led to a change in the law, this client and many other T&N asbestos victims will be substantially better off even if their compensation does fall short of what they would have received had T&N still been trading or had full insurance.”
Pleural thickening causes breathlessness and disability
The pensioner was diagnosed in 2008 with pleural thickening which causes breathlessness and disability. He worked for T&N for 20 years at its factories in Rochdale and Hindley Green where he was exposed to asbestos on a daily basis.
He said: “I have had to adapt to my condition and I now realise I am always going to have breathing problems.
“The change in the law meant my case was delayed but it was worth it now that everyone who suffers asbestos related disease caused by T&N will be better off.”
Asbestos disease diagnosis? Talk to us for advice and support on how to secure compensation.
If you or a loved one have been diagnosed with an asbestos-related disease, we can support you with advice on how to make a claim.
The process will be explained in plain English and with no obligation – our priority is to provide you with the best, expert advice on whether you have a valid case for compensation, and to signpost you to further sources of support.
There are strict time limits applied to making a claim – usually three years from the date of diagnosis. It doesn’t matter if the exposure to asbestos took place – as it often does – decades ago, the three year time limit applies to the date of knowledge of diagnosis or date of death.
For further information, visit our How to Make A Compensation Claim page.