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Asbestos and railways
Asbestos was present in the railway industry both as material used during the locomotive and carriage building process and as a commodity transported from one region to another. Unfortunately many employees in the railway industry have developed asbestos related diseases, such as mesothelioma, lung cancer, asbestosis and diffuse pleural thickening as a result of working with the deadly material. Railway porters describe unloading goods trains containing asbestos filled hessian sacks. Asbestos was transported in sacks and looked like cotton wool. Some of the bags split as a result of being moved and asbestos dust and debris simply spilled out onto the porters; their blue railway overalls getting covered in dust during the process. When the sacks split, the porters had to scoop the asbestos up and place it back into the sack as best they could. This was dusty, physical work and precautions were scant. Even when the sacks didn’t split the job was dusty and asbestos fibres entered the atmosphere. Other asbestos goods were carried by the rail network including, asbestos pipes, sheeting, pre fabricated insulation, tiles, insulation boards, rope and brake linings. Exposure to asbestos also took place at Carriage and Wagon Works which were located throughout the country. At these sites engines and carriages were built, repaired, maintained and refurbished. Construction and maintenance of railway engines and carriages in the 1930s through to the 1970s involved the widespread use of asbestos. In the beginning asbestos was used to insulate boilers, mains and gaskets; later, it was used to insulate entire carriages. Pipe work was insulated with asbestos to ensure that the boilers worked efficiently and asbestos was packed behind panels in the carriages so that they would retain heat. Asbestos mixtures were sprayed over the internal surfaces of carriages and bulk head areas. Commonly, this took place whilst other workers were in the vicinity. This was done for heat proofing and soundproofing. Therefore exposure to asbestos not only took place as a consequence of carrying out these activities but also through breathing in contaminated air which was free to circulate around the carriage works. Employees in the carriage building industry were routinely exposed to asbestos. The legacy of that exposure can be seen today as present and former employees of the railway industry continue to be diagnosed with asbestos related diseases. The following is a list of some of the areas where carriage and wagon works were located: Ashford, Brighton, Bristol, Bromsgrove, Crewe, Derby, Doncaster, Dukinfield in Manchester, Earlestown, Eastleigh, Gloucester, Hopetown, Horwich, Rugby, Swindon, Wolverhampton, Wolverton and York John Pickering and Partners have represented numerous individuals who, whilst working in the railway industry, have been hit by disease as a result of inhaling asbestos fibres. Generally, these cases are straightforward because there is widespread acceptance that asbestos was used in the railway industry. If you have, or someone you know has been diagnosed with an asbestos related disease then please contact us now at www.johnpickering.co.uk/contact.html so that we may discuss your options for compensation. Below are some examples of cases where John Pickering and Partners have acted for victims of asbestos diseases caused by their employment in the railway industry: Our Client -v- British Railways Board Our Client was born in 1944 and was diagnosed with pleural mesothelioma in the summer of 2002. Symptoms of mesothelioma began around May 2002 with chest pain and breathlessness. He underwent surgery which failed to bring about the complete expansion of his lung. He also underwent experimental chemotherapy from which he experienced intolerable side effects. Between 1960-1965 our client was employed by the Defendant as an apprentice coach finisher and body-maker in the Carriage & Wagon Works, Swindon. Our client stripped fixtures out of carriages which had been sprayed with asbestos. He stripped asbestos insulation from cooking areas in restaurant cars. He was present when woodworking machinists cut asbestos sheets and when labourers brushed up asbestos dust. He fixed and fitted asbestos sheets. He removed asbestos panels from carriages. All of the above work produced substantial amounts of asbestos dust which our client breathed in. He was not provided with nor did he wear respiratory protective equipment. We issued proceedings against the defendant and brought the claim to a successful conclusion by winning compensation from British Railways Board. Our Client -v- Vulcan Foundry The Defendant manufactured steam and electric locomotives, steam generators and diesel engines at their factory in Newton-le-Willows. Our client worked for Vulcan Foundry in the 1950s and 1960s as both a fitter and a draughtsman. He came into contact with asbestos in a variety of ways. As a fitter he was exposed to asbestos when he was instructed to handle and cut asbestos rope which was used to seal and pack joints. He also fitted asbestos cloth over flanges on pipe work and bolt holes. Our client hammered the cloth into place so that it was tightly packed. He also handled asbestos filled mattresses which were used to lag locomotive boilers. The mattresses were moved from their storage area, ready to be fitted around the boilers, whilst our client was in the vicinity. Not only did the defendant build new locomotives but they also rebuilt and maintained existing ones. Our client stripped asbestos rope and cloth from old pipe work and flanges and removed old asbestos mattresses from around boiler housings. He broke asbestos sealed joints with pinch bars and chisels. The work described above released lots of asbestos dust and fibre into our client’s breathing zone, the dust also accumulated on his clothing. In 1998 he started experiencing chest pains and, following investigations, he was diagnosed with asbestosis. The disease restricted his enjoyment of everyday life and some tasks were simply too strenuous for him altogether. He contacted John Pickering and Partners and instructed us to take action against Vulcan Foundry. We took the case to court and recovered £65,000.00 in full and final settlement of his claim. Our client received his compensation without there being any deduction for legal costs. Those costs were paid by the Defendant. Our Client -v- British Rail Our client worked as a maintenance engineer on electrical locomotives from 1960 until his retirement in 1985. He worked in the train driving units and made repairs to the deck heads which were located in the drivers cabin. The deck heads were confined spaces, typically measuring only 3ft x 3 ft. Asbestos had been sprayed into the deck heads during their construction and our client disturbed the asbestos as he effected repairs. The disturbance created released asbestos just into the cavity of the deck head. The asbestos dust was grey and settled on the lower surface of the deck head as well as on our client’s hair and clothing. Years later our client developed breathing difficulties which lead to him being diagnosed with asbestosis. We issued proceedings against British Rail and successfully argued that they had acted in breach of their duty toward our client by exposing him to asbestos. We also argued that the exposure had caused our client’s illness and therefore were able to recover a significant amount of damages from British Rail. Ryan O'Hara, Solicitor, 0808 144 0957
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