Family wins £360k after secretary killed by asbestos in office
THE family of a woman who died after being exposed to asbestos while working as a secretary in a foundry has been awarded £360,000 in compensation.
Winifred Thacker died in September 2014 from lung disease metastatic mesothelioma at the age of 67.
Malignant mesothelioma is a rare form of cancer that affects the membrane which lines the chest and abdomen.
Mrs Thacker had worked as a secretary at the Atlas Steel Foundry in Armadale, West Lothian, for six years until 1968.
After her death her husband John, her daughter, granddaughter and sister took North British Steel Group to court, claiming that while working at the factory she was exposed to high levels of asbestos dust.
The family’s lawyers told judge Lady Wise at the Court of Session that her employers didn’t do enough to protect her.
In a written judgment issued yesterday, Lady Wise ruled in favour of the family.
She said: ‘I have found that the deceased was directly exposed to significant quantities of dust, including asbestos dust, until she ceased employment in 1968.
‘The defender knew or ought to have known any exposure to asbestos dust was likely to be injurious to Mrs Thacker. I conclude the defender breached its duty to the deceased by failing to take any steps to reduce or negate her exposure.
‘The failure to provide a mask to Mrs Thacker (or to see masks were worn by all employees) is a sufficient basis to find no reasonably practicable steps were taken to protect employees.’
Lawyers agreed at the start of proceedings that if the judge ruled in favour of the family, compensation should be set at £360,000. But the final settlement will be higher, as interest has still to be added.
Lady Wise said: ‘I find the pursuers succeed as they have proved the processes undertaken in the defender’s foundry during the deceased’s employment created substantial dust, including asbestos dust, to which the deceased was regularly and frequently exposed. Her exposure was to an extent likely to be injurious. That was reasonably foreseeable and the defender did nothing to prevent it.
‘The quantum of damages is agreed. Interest requires to be added to the sums. I will fix a hearing so I can be addressed on the precise sums and also on any question of expenses.’
Lawyer Kieran Smith, who represented the family, said: ‘This decision is important for all of those workers, like Mrs Thacker, who have suffered injury and death from exposure to dust and fumes in the workplace many years ago.
‘This decision confirms that Scots law recognises that the duty on the employer is to prevent the giving-off of dust and fumes at source in order to properly protect their workers.’
Mr Thacker, 76, of Armadale, said: ‘I am delighted. Absolutely delighted. We’ve been fighting for this for four years. I heard about it this morning and the family feel delighted as well.’
‘Did nothing to prevent it’