MERSEYSIDE Fire Service is suing the Government over the death of one of its officers due to asbestos, in a case that could open the floodgates for millions of pounds worth of compensation claims.
The service is claiming the Office of the Deputy Prime Minister failed to issue safety guidelines warning of the threat posed by the substance, used in fireproofing millions of buildings.
Fire Brigades Union leaders last night said they feared that hundreds of firefighters around the country could have been affected by it.
Long-serving firefighter William Melling died in July, 2002, from an asbestos-related illness.
Merseyside Fire and Rescue Service was forced to admit liability for his death, but is now seeking £100,000-£150,000 damages from the ODPM.
The force believes the ODPM was negligent in not issuing guidelines on asbestos sooner and wants it to accept at least partial liability for Mr Melling's death.
Dave Wright, legal services director of Merseyside Fire Service, said: "The authority has had a couple of claims from former firefighters who contracted asbestos-related illnesses which they alleged came about through their work with the fire service.
"We were advised, based on the evidence in Mr Melling's case, it was appropriate to concede liability.
"Historically, the ODPM have taken it on themselves to give guidelines on health and safety to fire authorities but they never gave us any advice in relation to asbestos until much later on."
The Fire Service wants the Government to accept up to 50% of the responsibility for Mr Melling's death.
Mr Wright said: "We accept some responsibility ourselves and tried to seek an agreement from the ODPM for acceptance of some liability.
"But no acceptance was forthcoming so we needed to protect our position.
"The Statute of Limitations means you only have a certain amount of time to bring a case.
"We're at a very early stage, and I would expect the matter to be settled by agreement between the parties.
"This is nothing vindictive against the ODPM. It's just we have to protect our financial position on behalf of the people of Merseyside."
John Prescott's office declined to comment on the matter due to the fact legal proceedings had started.
But Les Skarratts, Merseyside branch secretary of the FBU, said asbestos was becoming an increasing concern for his members.
He said: "Our members or retired members can contract very serious diseases due to the presence of asbestos.
"It is something we are starting to pay closer attention to now.
"You can have firefighters fighting a blaze in a building which contains asbestos. The worst case scenario is the asbestos exploding to millions of fine molecules which you can breathe in and they make their way into respiratory systems.
"Obviously we've made some inroads by the use of breathing apparatus and decontamination units when we know we are working with asbestos.
"But it's when you are working in a building and don't know asbestos is present that it is most dangerous."
It is thought around 10 firefighters nationally are involved in legal battles over contracting asbestosis through work but many more cases could be discovered in years to come. |
