Daughter of cancer victim celebrates compensation victory
The daughter of a Castleford miner has won her fight for compensation for his death – after following her father’s dying wish to continue his fight for justice.
Linda’s father Roy Gamble died in 2005 aged 73 of lung cancer brought about by the disease silicosis, which is caused by tiny particles of silica dust being inhaled and becoming lodged in the lungs.
After being diagnosed with the illness in 2003, Mr Gamble lodged a claim for compensation against British Coal, claiming that he had been exposed to silica dust during a thirty year career which saw him work at three South Yorkshire pits.
Shortly before his death he asked his daughter Linda to continue his fight and help set a precedent for others suffering from the disease. Now, after a five year battle, the family have secured a settlement worth £85,000 and recognition that exposure to silica dust at work caused Mr Gamble’s death.
Linda, 50, whose mother, Peggy Gamble, also died of lung cancer shortly after Mr Gamble, said: “Just a few days before he died he was in the Prince of Wales Hospice and he said ‘whatever you do, do not let this claim go’.
“He said that he wanted me to carry it on for two reasons; so that other people with the same condition don’t get passed by and as a legacy for me and my family.”
Mr Gamble began work at the Primrose Hill Colliery in 1954, before moving on to Glasshoughton and Kellingley pits ahead of retirement in 1984. At all three sites he worked in a range of roles, including development, salvage and as an underground bricklayer. As a result he breathed in large quantities of stone and brick dust.
Following his retirement Mr Gamble suffered breathing problems and was investigated for asthma and emphysema before tests in 2003 led to the discovery of silicosis and lung cancer, as well as the removal of part of his left lung.
John Welch, a partner at Barnsley-based Raleys Solicitors, acted for the family. He said: “This sets something of a precedent because while the medical link between the condition and lung cancer is now accepted, this is the first case I know of in which a successful legal argument for the link between silicosis and lung cancer has been made.
“Mr Gamble’s desire that his fight for justice be continued after his death was led by his sense that others may be suffering in the same way. Cases of silicosis are thought by many to be a thing of the past but I can’t believe that is true. Many people continue to breathe in the rock, stone and brick dust that can cause silicosis, especially in the workplace, so I’m sure that there are others out there who have silicosis or lung cancer caused by it.
“Compensation and social security benefits can be obtained for both conditions and I would urge sufferers to pursue justice and make their story heard – if they don’t we will fail to understand the extent of these illnesses.”
Linda, who has a daughter and two grandchildren, said she never questioned pursuing her father’s case despite her mother’s ill health at the time.
“To see my father, such a strong and fit man before he got cancer, dissolve into a heap of bones was devastating and I was determined to continue his claim,” she added.
“It has taken five years but this result makes it all worthwhile and lets me draw a line under a very difficult time for us.”
For legal advice about industrial disease or injury contact John Welch at Raleys Solicitors on 01226 603048.
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Issued on behalf of Raleys Solicitors, www.raleys.co.uk by Nexnet PR, 8 York Place, Leeds, LS1 2DS, www.nexnet.co.uk. For further information call Nexnet on 0113 247 0029, or email joel.turner@nexnet.co.uk or joanne.mead@nexnet.co.uk
