Asbestos Justice recently succeeded in recovering asbestos compensation in a complex asbestosis claim. Claims for this particular, rare, asbestos related condition are thankfully, thought to be on the decline as only those who were heavily exposed to asbestos over many years are able to establish that their condition is asbestos related. The condition can often be confused with non-asbestos fibrosis known as idiopathic pulmonary fibrosis or cryptogenic fibrosing alveolitis and therefore, there is always a need to establish that a sufferer has been exposed to significant amounts of asbestos in support of any asbestosis claim.
Those who had the misfortune of suffering such substantial exposure to the harmful material were usually exposed, when working in 1960s, heavy industry which has gradually eroded over the last five decades.
We represented Mr D in his asbestosis claim following his significant exposure to asbestos when working as a rigger steel erector for various companies, mainly at ICI’s site in Runcorn between 1961 and 1987 approximately.
Mr D provided a detailed account of his exposure to asbestos in his witness statement in support of the asbestosis claim. He explained that his role involved removing and fitting new pipe work. I worked in close proximity to the laggers who would chip the asbestos off the pipework before he removed the old pipework and replaced it with the new. The laggers would use hammers and scrapers in order to remove the lagging and these were similar to large knives. Whilst the laggers carried out this job, Mr D would be carrying out some other work in close proximity.
He painted a familiar picture of laggers then re-lagging the pipes with fabricated lagging which was cut to size and joined with powdered asbestos, mixed with water to make the join. The powdered asbestos was mixed in a bucket into a paste and this was done in the same area where Mr D was working. This was done on a daily basis and it would be common for him to be working in a confined space, approximately 20 to 30 feet away from the laggers.
Mr D could specifically remember seeing the asbestos dust floating around in the atmosphere when the laggers removed or applied the material. He explained that the air was so thick with the asbestos dust that he would need to take a shower to scrub this off his skin at the end of each working day.
He not only encountered asbestos dust in his work at ICI in Runcorn, but also inhaled the deadly dust when working at power stations at Abercarn, Longannet in Scotland as well as at Castner Kellner.
Our client first noticed symptoms which were eventually connected to his diagnosed asbestosis during June of 2011. He was walking through his local town centre and reached an incline which he was usually able to negotiate without difficulty, only to find himself extremely short of breath when reaching the top.
Later that year he was diagnosed with asbestosis as well as another asbestos related condition known as diffuse pleural thickening and approached us to consider his claim for asbestos compensation.
Before receiving his diagnosis, Mr D had been fit and well, regularly attending his local gym to keep fit but his asbestos related conditions, sadly curtailed this.
The asbestosis claim was pursued against seven traced employers in all including, ICI, Fabricom (UK) Limited (previously known as R Blackett Charlton & Co Limited) Capper Pipe Services Co Limited, The Bristol Piping Co (Erection) Limited, Tata Steel UK Limited, John Thompson Limited and Press Construction Limited (previously known as William Press & Son Limited).
Complex medical evidence had to be obtained in support of the asbestosis claim to show that Mr D’s fibrosis was indeed asbestos related and thankfully this supported the asbestos compensation claim.
The asbestosis claim settled against a number of the pursued Defendants who appeared to have been responsible for over 50% of Mr D’s overall exposure to asbestos. The settlement was negotiated on a provisional damages basis, leaving the door open for Mr D to claim further asbestos compensation should he ever develop asbestos related lung cancer or mesothelioma.
If you require assistance in pursuing an asbestosis claim or believe you have a valid claim for asbestos compensation please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.