A former HSBC employee who developed an asbestos-related cancer after being exposed at one of the bank’s branches has received a £900,000 payout.
The former employee learnt she has mesothelioma when she had a chest X-ray following a car crash. After the accident, it was then linked to asbestos exposure while working as a clerk in Nottingham in the 1970s and 80s.
The employee was 57 at the time of her diagnosis and was forced to resign to undergo life-extending treatment. She had worked as a clerk at the Alfreton Road branch of Midland Bank, now HSBC.
The employee had been in charge of the daily filing in the loft area, using fireproof, asbestos-lined cabinets which were difficult to open.
The women said:
“I often had to tug at the drawers, which would result in little puffs of dust filling the air. The pipes I would often sit on to carry out my work were also lagged with asbestos so when I was diagnosed I knew straight away where I had been exposed. I just didn’t know at 17-years-old what the consequences would be.”
HSBC has now accepted full liability and agreed to pay out £900,000 to reflect the loss of earnings which will be used to fund ongoing care and life-extending treatment.
The employee has held several executive and non-executive roles in her career, as well as being a highly qualified academic.
She now wants to raise awareness of asbestos-related illnesses for people in all job roles, not just the careers commonly linked to asbestos exposure like construction and mining.
“What has happened to me emphasises the potential risks that women faced while working in the 70s and 80s in office environments that are not usually associated with asbestos exposure. I hope that by speaking out about my experience, I can help spread the message that asbestos-related illnesses don’t just affect men,” she said.
Asbestos – What can it cause?
Asbestos exposure can lead to life-altering and sometimes fatal conditions including asbestosis and Mesothelioma.
Mesothelioma is a type of asbestos-related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial).
Other types of asbestos-related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.
These conditions usually develop many years or decades after exposure to asbestos.
Symptoms of asbestos-related illness
- shortness of breath and difficulty breathing
- chest pain
- cough and wheeze
- extreme tiredness
- unexplained weight loss
- abdominal pain and swelling (in the case of peritoneal mesothelioma).
Other types of asbestos-related cancers and illnesses can also cause similar symptoms to that of mesothelioma and can sometimes spread to other parts of the body.
Sometimes, symptoms exposure do not develop until years or even decades after the asbestos-exposure.
Asbestos exposure at work – What is the law?
As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. This means that if you have suffered after being exposed to asbestos at work, you might be entitled to compensation.
Employers must follow the following regulations to keep workers safe:
Health and Safety at Work Act 1974
- Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.
Management of Health and Safety at Work Regulations 1999
- Duty to undertake a reasonable risk assessment (Reg. 3)
- Requirement to undertake a health surveillance (Reg. 6)
Personal Protective Equipment at Work Regulations 1992
- Ensure that suitable personal equipment is provided (Reg. 4)
- Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.
Control of Substances Hazardous to Health 2002
- Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)
- Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)
- Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)
Asbestos at work – When to make a claim
If you have read the above and feel that you may be suffering from any of the symptoms whilst exposed to substances at work, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.
To run the majority of personal injury claims, you have to have started the claim within three years of the injury. However, with industrial disease claims it may be that the injury started over a period of time and was only diagnosed within the last three years.
For more information on how and when to make a claim, visit the Oakwood Solicitors website.
Further reading
Mesothelioma/Asbestos-related claims – Oakwood Solicitors
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Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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