JOHN McWILLIAMS was only 17 when he started in the trade which has cast a black shadow over the rest of his life.
Builder 'crippled by asbestos' throws down gauntlet to insurers
JOHN McWILLIAMS was only 17 when he started in the trade which has cast a black shadow over the rest of his life.
He was just beginning his working life but was exposed to asbestos, the toxic building material which he says has crippled him.
Now 59, John wheezes heavily and works hard to catch his breath before he describes how determined he is to fight a new bid to block compensation for asbestos victims.
Insurance giants Avia, AXA, RSA and Zurich have launched an attempt to overturn Scots laws allowing sufferers to claim compensation.
But that is something John and campaigners Clydeside Action on Asbestos say cannot be allowed.
John said: "As long as there's a breath in my body, I'll fight this. If I have to chain myself to railings at Parliament, I will."
John suffers from lung scars called pleural plaques, which campaigners say are caused by long-term asbestos exposure. Pleural plaques can develop into more serious illnesses.
The dad of three said: "I was forced to stop work two years ago. I'm no longer able. I can't climb stairs, I can't do anything.
"I started working in the building trade in Paisley in the Seventies. We did a lot of renovation work in old mills which were full of asbestos.
"There was no masks or anything back then.
"I took ill a couple of years ago. I had a heart problem and while they were investigating that they found I had pleural plaques.
"I know people who have died from asbestos-related conditions - three personally - who are dead because of it. This is a life sentence and there's no release at the end of it.
"There's no way anyone has the right to take away our chance for fair compensation.
"You're talking about working men, people who've worked all their days and contributed to this country, and now through no fault of their own, they're ill.
"I get £84 a week from the Social and that's it. If I could I'd have worked to 65 or beyond. I love to keep busy, I'd never been out of work 'til I fell ill."
When the law was changed to help Scottish sufferers claim compensation, John says he was delighted with the victory.
But he is frustrated with the giant insurance companies' attempts to de-rail what he sees as justice for sufferers.
He added: "I just cannot understand why my family and I are going to be subject to more uncertainty and face more delays in obtaining justice.
"The insurers' actions are deplorable. They should know that despite the obstacles they continue to put in my way, I will continue to fight for my family."
Four insurance companies have requested a judicial review of a new law which allows Scottish workers suffering from asbestos exposure to sue for compensation.
Aviva, AXA Insurance, RSA, and Zurich aim is to overturn the Damages (Asbestos-related Conditions) (Scotland) Act which recently became law.
The act allows claims for compensation from people like John who suffer from pleural plaques, but the insurers claim there is no evidence that the condition is connected with asbestos exposure.
Clydeside Action on Asbestos, which led the campaign to reinstate the right to compensation in Scotland, branded the insurers' action "an absolute disgrace."
Phyllis Craig, senior welfare rights officer, said: "Since the introduction of the Bill and throughout the consultation process the insurers were given the opportunity to put their arguments forward. Indeed, at the oral hearing of the consultation, four insurance companies gave evidence. The fact that their evidence was not accepted demonstrates the strength of commitment that the Government and legal and medical professions have for people with an asbestos-related disease."
The Scottish Government say they are going to fight any bid to change the law.
A Scottish Government spokesman said: "We are disappointed that this action to seek effectively to overturn the will of the Scottish Parliament has been taken. The Scottish Government will vigorously defend the challenge.
"The insurance companies' action may delay, but will not ultimately defeat, our resolve to defend the rights of people who have been negligently exposed to asbestos by their clients. We firmly believe that our legislation is right in principle and right in law.
"This legal challenge has created great uncertainty for those with an asbestos-related condition, and for those with a potential claim."
Anyone affected by an asbestos-related condition can contact Clydeside Action on Asbestos on 0141 552 8852.
 John McWilliams enjoying holidays with his family in happier times |  |  | ||
A decades-long fight for fair compensation
CAMPAIGNERS have been battling for the right of asbestos victims to claim compensation for decades.
This month a Scottish Parliament law which allowed victims to claim compensation was given the Royal Assent.
The law gives people in Scotland more scope for damages claims than in England or Wales.
Holyrood passed the law after a bombshell House of Lords ruling in October 2007 which said pleural plaques were not serious enough to merit damages.
Clydeside Action on Asbestos was formed 23 years ago to fight for asbestos victims.
In 2006 it won a dramatic victory to change laws which had forced victims to choose whether to claim compensation or wait until they died so their relatives could make larger claims.
