A woman who has contracted cancer has been told that she cannot claim for compensation for her illness. Judith Tomlinson is convinced that she contracted cancer after she would hug her father when he returned home from work, as he used to work with asbestos.
Judith Tomlinson is trying to claim compensation for her cancer from Mason McCabe, a firm based in Birmingham, who her dad used to work for. Her father worked for the firm for over 20 years and regularly handled asbestos, which stuck to his overalls when he returned from work.
Judith has undergone chemotherapy five times, but she is still seriously ill from the cancer. However, she has now been told that she cannot claim for compensation for her illness due to the fact that his former employer is no longer in business.
Any worker suffering illness caused by a former employer is able to claim against the employer’s insurance company, even after the firm has gone out of business. However, family members are not able to make claims for compensation unless the firm is still trading.
Personal injury lawyer Alida Coates stated:
We will continue to fight for compensation for Judith but at the present time the law is different for secondary victims – namely people who were not employees of the company using asbestos.
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