Asbestos Hazards

alaric
1st March 2015, 23:37
I have recently been diagnosed with Asbestosis (not mesothelioma) and have just started making a claim against Shaw Savill's insurers. Here in the UK this is necessary as there is no automatic compensation. In order to make a successful claim it is important to have as much collaborative evidence as possible.
I have written about this at greater length in the Engine Room forum, Asbestos Related Disease thread, post #45 dated 1st March 2015 asking others who are familiar with how asbestos was used at sea to write up their notes on the hazards this caused.
This is in order to make available to all an independent pool of collaborative evidence that can be used to support future compensation claims, including mine.
Any response will be most welcome.

BobGrif
2nd March 2015, 15:07
I am terribly sorry to hear about your diagnosis.

For many years I was involved in the prosecution and defence of such claims by individuals and against Shipowners. The Law in the UK is pretty much settled now as to the foreseeability/exposure/contribution to claims by shipowners/other employers for this kind of risk/liability and what medical evidence is required.

I trust that you have a very good firm of solicitors representing you who are used to prosecuting such claims. I seem to recall that Shaw Savill's underwriters for this type of risk were The Liverpool & London Steamship Protection and Indemnity Association. Whilst they are no longer trading at the last count they still had UK representation for just such matters as this.

Warmest regards,

Bob.

Roger SELLICK
28th June 2015, 14:22
Thermal insulation materials containing Asbestos were used quite extensively in Marine engine rooms and throughout the ships on steam lines etc. All the major types of Asbestos were used, Crocidolite (blue) Amosite (brown) Chrysotile (white)in the form of pipe section, slab, wet mix, spray fibre, rope etc also pipe gaskets, sound proofing panels etc.
The extent of Asbestos containing materials can be found on line.

forthbridge
28th June 2015, 15:27
One thing worth noting is that the law in Scotland and I think Northern Ireland is different that that of England and Wales in that you can claim if you are diagnosed with pleural plaques in Scotland and Northern Ireland but not in England and Wales. This was pointed out to me by the respiratory consultant at the local hospital here and also later by Nautilus international.

twogrumpy
28th June 2015, 15:51
Hope this helps, thanks to David Toshack for the information.
There are other threads on the site dealing with this subject, anyway all the very best.

"I should like to provide you with some information as the law stands regarding pleural plaques at the moment.

You may be aware that on the 17th October 2007 the House of Lords (HL) ruled that asymptomatic pleural plaques was not compensable under the law of negligence. That continues to be the position in England and Wales. However if your pleural plaques were causing you symptoms i.e. breathlessness, then it may be that a claim could be made.

However the Scottish parliament decided to overturn the ruling by enacting the Damages (Asbestos-related Conditions) (Scotland) Act 2009. The legality of the Act was challenged by insurers by way of judicial review and subsequent appeals through the Scottish appellate courts all the way to the UK’s Supreme Court (heard in June 2011, judgment given in October 2011) where they failed at every stage. The period beginning on the 17th October 2007 (the date of the HL judgment) and ending on the 17th April 2009 (the date when the 2009 Act received Royal Assent) is to be ignored for the purposes of the three year time limit for commencing actions. Therefore pleural plaques claims can continue to be brought in Scotland.

Furthermore, as anticipated earlier, Northern Ireland has followed Scotland. The Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011 has now been passed, which means that from the 14th December 2011, pleural plaques claims can now be brought in Northern Ireland. In this case the period beginning on the 17th October 2007 and ending on the 14th December 2011 (the date the Act came into force) is to be ignored for the purposes of the three year time limit for commencing actions.

I note that you worked in Rosyth Dockyard as an apprentice and therefore have a link with Scotland, so it may be that we can investigate the viability of an exposure to asbestos claim in the jurisdiction of Scotland for you. If this is something you would like the Union to do then please also complete the accident report form (although you haven’t suffered an accident) just complete with your contact details and sign and date the declaration on the back of the form, we can then refer to you exposure to asbestos form and discharge books for any additional information required."

Roger SELLICK
28th June 2015, 16:04
Your spot on forthbridge, I was informed in '93 that I had pleural plaque and can't make any claim.
I don't want to make any claim, I want it not to develop into anything serious.

Bridgender

canadian
28th June 2015, 20:27
I had an xray recently which found asbestos in the lungs. I think well I have never worked with the stuff to my knowledge. Then shock horror we loaded the material in bales in South Africa in the early sixties, I can remember restacking some small bags in the tonnage hatch and the dockers using hooks in the larger bales,there was dust everywhere goodness knows what happened to the poor dockers. bearing in mind I had only made the one trip I believe it was the Tantallon Castle or the Canopic.