Our client in this claim was experiencing shortness of breath for some time prior to discovering he was suffering with pleural thickening and bringing his claim. He had always associated his symptoms with heart problems before the notion that they may be related to asbestos exposure. However, once this was put to him, he came to us to explore this further.
Asbestos exposure
Our client had been negligently exposed to asbestos dust by four of his previous employers between 1975 and 1986. These were: A G Manly Group Ltd, Haden Building Services Ltd, Haden Maintenance Ltd and Udasplus Engineering Services Ltd. As a result of the exposure occurring at the hands of all four employers, they were all liable to satisfy the claim. However, due to Udasplus Engineering Services Ltd no longer trading and no insurance for the period of exposure being found for them, they were not able to be held accountable for their part in the damage caused.
Our client was employed as a heating engineer by each of the aforementioned companies and in the course of carrying out his work, was expected to work with and in proximity to asbestos materials, which ultimately caused his asbestos-related health issues.
Divisible claims and the Holtby discount
As a result of Udasplus Engineering Services Ltd no longer existing and no insurance being able to be traced for the relevant period of exposure our client faced at this company, what is known as a Holtby discount was agreed. This principle arose from the Court of Appeal’s decision in the case of Holtby v Brigham & Cowan (Hull) Ltd [2000]. This is based on the premise that in claims for industrial disease (other than mesothelioma), each company should only be liable to pay a percentage of the compensation which is comparable to the exposure they were responsible for. For example, if our client had worked at each of the four companies for one year and was exposed to the same extent at each, they would each be liable to pay 25% of the compensation. However, the exposure is seldom caused by employers in equal shares, so it is likely that the claim could be shared in a less even way.
If one of those employers no longer exists and no insurance details can be found for the period that they exposed their employee, that would mean that their portion of the compensation could not be paid by them. In addition, as a result of divisibility, the other liable employers would not be responsible for paying this portion either. A Holtby discount arises in this situation and deducts that employer’s percentage of the compensation from the overall amount. Unfortunately, as this was the case for our client, the portion of compensation that would be attributable to Udasplus Engineering Services Ltd was not payable by the three remaining traceable employers. Subsequently, this was then deducted from the overall amount awarded and amounted to 27.52% of the overall claim.
Medical evidence
The medical evidence in the claim was provided by Dr. R. M. Rudd; a medical expert who we specialise in asbestos disease claims. Dr. Rudd advised that the asbestos exposure experienced by our client had left him suffering from pleural thickening which was, in his opinion, causing a 20% respiratory disability. This meant that his activity levels had greatly reduced and he was left experiencing shortness of breath when doing things he had previously done without issue prior to developing the asbestos-related disease.
Provisional damages settlement
The claim was ultimately settled on a provisional basis. Our client received a sum of compensation for the level of asbestos disease he has now, but the door was left open for him to claim further compensation should his condition deteriorate in the future or should he develop one mesothelioma or asbestos-related lung cancer in the future.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or any other asbestos disease then 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.