Asbestos exposure due to negligence of insurance company

aimee1694

Mid December we had a leak in the bathroom that came through the ceiling downstairs and had damaged the ceiling which the insurance is going to replace. We had an asbestos sample taken as it’s is artex ceiling and the property was built when asbestos was rife. The person who took the sample left the holes uncovered and at this time we didn’t think any different. So we waited for the results to come back and had no luck so spent 2 weeks chasing the insurance to then be told “we need to take a sample” which I told them it had already been done apparently the sample was lost the first time around. A second person came out to take a sample and noted that the holes should not have been left uncovered by the first person if asbestos was a possibility. Of course this sample came back positive. We put in a complaint explaining that we weren’t happy that not only was the holes left uncovered for a month but also the first person requested my partner to take the sample as they could not reach. The insurance company came back and offered £100 compensation. We did not put the complaint in for compensation but felt this amount to be an insult so declined they then offered £250 which again we declined as we did not know where this would leave us in the future should we develop related illness. So the complaint is now going through the ombudsman. 

I suppose my question is does anyone have any advice on this and should we take any offers/ are we entitled to anything? 

societys_child

are we entitled to anything?

Such as what? How much are you hoping for?

Perhaps you should wait for the ombudsmans' verdict now you've taken that route.

EssexExile

Don't worry too much, I lived in a "bungalow" that was lined with asbestos sheets back in the 50s and 60s. I'm still here.

A_Lert

I agree you should be wary of taking any offers. They probably come with strings attached absolving the insurer of any future liability.

aimee1694

societys_child said:

are we entitled to anything?

Such as what? How much are you hoping for?

Perhaps you should wait for the ombudsmans' verdict now you've taken that route.

We weren’t hoping for anything we didn’t even expect an offer but we didn’t want to take the offer as it usual comes with strings attached and to be honest if they are offered I don’t think £100 covers it considering it could potentially be life threatening

A_Lert said:

I agree you should be wary of taking any offers. They probably come with strings attached absolving the insurer of any future liability.

that was my concern I’m not bothered about the money but makes me concerned that if we were to take it where would that leave us. We only raised the complaint as a concern that it was bad practice and potentially dangerous didn’t expect anything from it 

Doozergirl

When was this property built?  The asbestos is in the artex?  

Artex contains asbestos.  Testing it is almost pointless, it's easier to just treat it like it does have asbestos in it.  The good news is that the asbestos fibres are contained within a matrix of plaster, so they aren't loose fibres and therefore present minimal risk.  Taking a small sample is a risk, but isn't  going to present a significant risk; you will be just as exposed to other carcinogens every day of your life and most of them you will choose to consume.  

£250 is nice.  I'd say there's little to no chance of you developing mesothelioma and then being able to prove it was caused by this.  Likely because it won't be.  If you look at the stats, they mainly do belong to people who worked with or around the loose fibres.  

I have a friend who ate the asbestos walls of the prefab his family had after WW2.  He's still good. I'm more worried about Covid.    Mesothelioma has such a long latency period that most people who are genuinely exposed will die of just being alive before they develop the disease.  Not to say that it isn't awful. 

floppydisk1

Problems( read illness )  can  be caused by asbestos fibres lodged in lungs. After samples have been take ( or lost - technically it does not really matter in the context ) unless you drilled through, smashed or scratches open area  there weren't any fibres released in the air so couldn't be breathed in.  Why do you think you might get an illness after couple of very small openings have been done by a sharp stanley knife ? If that was the case , there would be no builders older than 25 as there'd all be dead as they are most certainly exposed so some asbestos over their working life .  Do not take me wrong, asbestos and associated illnesses are not a joke, but there should be some perspective put in place too. What if you get hit by a car ? will you sue Dept. for transport for allowing cars on the road? , what if you catch any nasty lines while in your GP's  waiting room, will you sue them ? what about slipping on wet pavement, who can you sue for allowing rain falling down ?  
  It should not be left exposed but as you were very unlikely scratching it and sniffing it ,there is next to nothing chance of any fibre getting in your lungs, there are things far far more riskier or dangerous we do day in day out. I'd make sure next time the sample areas is painted or covered and leave it at that....

Davesnave

Do you really understand the level of 'risk' you've been exposed to? Have you tried to find out?

It's quite normal to take one's own sample when requesting an asbestos test on artex. The risks are miniscule.

If only this were true for all the people who've had their medical treatment cancelled in the last year. How much compo do you think they'll receive?

£250? No wonder home insurance is so expensive!

Phil4432

Could you post pics of the holes?
Who actually took the sample?  Was it an asbestos company?

Bigphil1474

We had artex in our ceiling in two rooms and had both completely replaced following subsidence damage. When they came to sample ours, they just scraped a few bits of the older artex (2 layers). If the sampler has made holes to obtain samples, particularly if they've drilled in, then they need sorting out. Usually the asbestos in artex is the lowest risk white asbestos (Chrysotile), but if there are accumulations above the ceiling then there may be a risk of contamination. I'd say it's unlikely as the artex will have been applied to a sealed ceiling, so the only risk is from the artex itself. It's definitely bad practise, but I'd say the risk to yourselves is minimal. Maybe accept their offer on the basis that it doesn't absolve them of any liability should you develop asbestos related illness linked to their contractors ineptitude. If there's any dust, use a vacuum cleaner to suck it up rather than a brush to sweep it up, much safer.
BTW, not all artex contains asbestos. Mainly anything from the mid 1980's and before does. Hence why they test. Now they've found it contains asbestos, they'll likely take the whole ceiling down and replace, using a licensed asbestos removal company to remove the old one. They should have the room sealed and have a 3 stage airlock into the room, a decontamination unit outside, and the room should be sparkly clean when they've finished. Probably take a couple of days, and it costs a fortune. If they had not found the asbestos then the repair would have been minimal cost. 

Mickey666

Bigphil1474 said:

If there's any dust, use a vacuum cleaner to suck it up rather than a brush to sweep it up, much safer.

NO, NO, NO !!! PLEASE DO NOT DO THIS!

Well, not unless you have an 'H-class' vacuum cleaner specifically designed to include the necessary filtration systems to deal with hazardous materials.  An ordinary domestic vacuum cleaner will simply suck up any asbestos fibres and the exhaust air will spread them far and wide to be breathed in by anyone in the room.

If there is any dust, which there really shouldn't be if the samples were taken correctly, then the first thing I'd do is spray it with a fine mist of water and then use a wet cloth to clean it all up, then wrap the wet cloth in two plastic bags before throwing it in the rubbish bin.  Keeping it wet will prevent aerialisation of any fibres and remove the risk of inhaling them.

Having said all that, a couple of small holes in an Artex ceiling is highly unlikely to give significant danger.  If really worried about it, just stick some wet filler in the hole to seal it all in.