AVSGF-UK: Turner & Newall

Turner & Newall

At last! Compensation Payments to T&N Asbestos Victims

After a 6-year wait compensation is now being paid to T&N asbestos victims.

Background

Federal Mogul, a large US company brought T&N in 1998. In 2001, Federal Mogul sought protection from its creditors in Chapter 11 Bankruptcy in the US. T&N immediately went into administration in the UK. Federal Mogul has continued trading, making improved profits, while asbestos victims have been denied compensation.

Funds now set up

A scheme of arrangements has now been voted for, which will allow compensation to be paid to T&N asbestos victims from two funds.

Employers' liability insurance fund
This fund will pay compensation to those who have an asbestos-related disease and who worked for T&N after 1969. this fund is financed from insurers, Royal Sun Alliance and Lloyds, who wrote employers' liability insurance from T&N after 1969. This compensation will be about 60% of the compensation that would have been paid prior to the company going into administration.
General Fund
This fund will pay compensation to those who have an asbestos-related disease and who worked for T&N before 1969. This compensation will be about 20% of the compensation that would have been paid prior to the company going into administration.

Asbestosis and Pleural Thickening

For asbestosis and pleural thickening, asbestos victims who have service pre and post 1969, the proportion of service post-1969 will be paid at the higher percentage and the proportion of service pre-1969 will be paid at the lower percentage.

Mesothelioma and Asbestos-related Lung Cancer

For mesothelioma and asbestos-related lung cancer, asbestos victims who have any service after 1969 will receive the higher rate of compensation, and also a proportion of the payment for pre-1969 exposure.

Comment

While T&N asbestos victims will at last receive some compensation, this is not a a cause of celebration! Had the government made employers' liability insurance compulsory prior to 1969, all of T&N asbestos victims would have been eligible for higher payments. Federal Mogul is making handsome profits and has improved its place on the Fortune 500 list in the US while T&N asbestos victims lost most or a substantial part of their compensation.