Turner and Newall Asbestos Update.
30 Mar 2017
The T & N Asbestos Trustee Company Limited was established to administer payments from the T & N Employers Liability Trust and the T & N UK Asbestos Trust. These trusts make payments to people who have been exposed to asbestos fibres by one of the Turner and Newall Companies either as an employee or in some other way for example from washing overalls or from using products manufactured by Turners.
Exposure to asbestos fibres and dust puts people at risk of developing asbestos related conditions including mesothelioma, a cancer of the pleura, the lining of the lung, lung cancer, pleural thickening, asbestosis and pleural plaques. According to the HSE approximately 5,000 people die from asbestos related conditions each year in the UK.
The Turner and Newall group included a number of different companies including:
Turner Brothers Asbestos (TBA Industrial Products Limited) who had factories in Rochdale and Hindley Green and manufactured asbestos-containing insulation including asbestos-containing yarns and fabrics, sheeting, rings, webbings, millboard and paper.
Turners Asbestos Cement (later sold to Eternit Building Products Limited) which had factories at Trafford Park, Rhoose, Tamworth, Widnes , Ditton, Dalmuir and Erith.
JW Roberts which had factories in Armley, Leeds and Hindley Green and manufactured asbestos-containing insulation and products including sprayed LIMPET Asbestos.
Newalls insulation Company Limited which was a lagging company working out on sites throughout the country including in power stations, factories and on-board ships.
The Washington Chemical Company Limited in Washington, Tyne and Wear which manufactured asbestos and non-asbestos products
Ferodo at Chapel-en-le-Frith and Caernarfon which manufactured asbestos products including brake linings, brake pads and other friction products.
The amount of money a person receives and from which trust depends on which company they worked for and when and which asbestos related condition they have, mesothelioma, lung cancer, pleural thickening or asbestosis.
If an asbestos sufferer did not work for any of the companies and was exposed either from living near one of their factories, from washing overalls or from using Turners products then they will only receive money from the UK Asbestos Trust.
The Trust has 2 routes to compensation, one is expedited review, the second individual review. When deciding on the best option, an asbestos solicitor will work out the likely value of the claim. If it is more than the expedited value then they will advise you to submit your claim via individual review.
In October 2016 (announced January 2017) The Trusts reviewed the amount of compensation which should be paid for each type of asbestos related condition. They also reviewed the percentages which are paid to ensure there would be sufficient funds to pay all compensation claims throughout the life of the trusts.
The current expedited review values for claims brought by those in England, Wales and Northern Ireland are as follows:-
Fatal Mesothelioma £155,000
Lung Cancer £112,000
Fatal Lung Cancer £131,000
Mild Asbestosis £32,000
Moderate Asbestosis £65,000
Severe Asbestosis £103,000
Severe Fatal Asbestosis £124,000
Mild Pleural Thickening £22,000
Moderate Pleural Thickening £45,000
Severe Pleural Thickening £78,000
Unfortunately asbestos sufferers do not receive these amounts in full.
For lung cancer, asbestosis and pleural thickening any asbestos exposure with any employer or person other than Turners is deducted.
For mesothelioma, any exposure to asbestos elsewhere is not deducted.
Further the T & N Asbestos Trustee Company only pays a percentage of the compensation due.
For example a mesothelioma sufferer who worked at Turner Brothers Asbestos in 1970 and pursues their claim by expedited review would receive £80,735.
A person diagnosed with mild pleural thickening who worked at Turners Asbestos Cement in 1973 and was not exposed to asbestos anywhere else would receive £12,905.
In both examples there may be a second payment 5 years later but this is not guaranteed.
Any payments an asbestos sufferer has received from the Government under The Pneumoconiosis etc (Workers Compensation) Act 1979 or the Diffuse Mesothelioma Scheme 2008 are not deducted from the compensation received.
Your specialist mesothelioma solicitor will be able to advise you about the amount you are likely to receive from The T & N Trusts if you have been diagnosed with an asbestos related condition.
Helen Wilson of the Asbestos Law Partnership commented “It is good news for asbestos sufferers that the expedited values have been increased by the T & N Asbestos Trustee Company but it is obviously disappointing that the percentages paid by the Trusts have had to be reduced. It is very important that anyone diagnosed with an asbestos related condition as a result of Turners activities seeks advice from a specialist asbestos solicitor”.
The Asbestos Law Partnership LLP
Elsie Whiteley Innovation Centre
Telephone: 01422 399550
FREEPHONE: 0808 164 3730