101 years of asbestos deaths – and the woman who sparked a century-long fight for justice

Nellie Kershaw - it’s likely a name many people have never heard before.

But there’s a reason why everyone in the UK should know of this brave mum – of what happened to her, what she went through and how she sparked a century-long battle for justice for thousands. 

Nellie is regarded to be the first person in recorded medical history who died as a direct result of asbestos exposure. The textile worker developed pulmonary asbestosis after working for more than a decade in various mills and textile factories in the Rochdale area in the early 1900s.

With her condition leaving her unable to work and support her young daughter and husband, Nellie wrote to her employers at Turner Brothers seeking compensation.

According to historical accounts, the mum wrote: “What are you going to do about my case?

“I have been home nine weeks now and have not received a penny – I think it's time that there was something from you as the National Health refuses to pay me anything.

“I am needing nourishment and the money, I should have had nine weeks wages now through no fault of my own."

Bosses reportedly refused to pay on the basis that asbestos diseases were not recognised as an occupational disease.

Nellie died a short time later in March 1924 at the age of 33 without receiving a penny but the circumstances of her death led to a Parliamentary inquiry which contributed to the first ever Asbestos Industry Regulations in 1932.

Nellie's legacy of justice and asbestos disease claims

Here at Irwin Mitchell in Scotland we fully understand the deadly legacy of asbestos.

Thousands upon thousands of people who died before their time. Families left emotionally, practically and financially devastated. Even communities left with potentially lethal infrastructure. 

As Friday 4 July marks Action Mesothelioma Day – a time dedicated to remembering those who died as a result of asbestos exposure and the associated conditions like meso, asbestosis and lung cancer – we wanted to take a time to reflect and remember Nellie.

Not only is she worth remembering in her own right, it’s baffling that after 100 years our loved ones continue to die from asbestos – and disputes on liability often just as challenging as they were for Nellie.

By remembering Nellie's struggle we are reminded of why the fight against asbestos is still important… about why more still needs done to protect people… and about why asbestos compensation claims are so important because no one suffering from an asbestos-related disease should be worrying about basic “nourishment” at such a traumatic time in their life. 

Even though the UK has safety regulations that have been updated over the decades it remains a shock to think asbestos use wasn’t even banned until 1999, and because it can take decades for conditions to develop it means people everywhere continue to be affected to this day.

What needs to change?

Officials, employers, developers have known for a long time that asbestos was a risk yet they continued to use it and failed to keep workers safe via safe systems of working, PPE or ventilated workspaces.

Looking to the future, at the very least, it is vital that charities around the country deserve the support they and their service users desperately need.

There are two such groups which help people in the Glasgow and west area of Scotland (Clydebank Asbestos Group based in Clydebank, and Action On Asbestos in Glasgow city centre). Then there’s a third group in Dundee called Asbestos Action which helps asbestos patients and their families across the east and north of Scotland.

Charities and campaigners like these provide vital in-person support which are simply not available anywhere else. They are at the frontline of the fight for justice and Irwin Mitchell fully supports the work they do across Scotland and the people who rely on them.

This is why our solicitors are privileged to support families all over the country who have been devastated through no fault of their own. 

Because we cannot have a future where our loved ones continue to endure the same kind of suffering as Nellie.

To learn more about Action Meso Day 2025 click here.

Image - Nellie Kershaw