At Asbestos Justice we have recently succeeded in recovering further asbestos compensation for a client who sadly lost her husband to asbestosis in 2015.
Mr P’s original claim for asbestosis compensation succeeded back in May of 2010 where tens of thousands of pounds of asbestos compensation was recovered on his behalf during his lifetime.
Sadly, Mr P’s condition progressed over time, resulting in him suffering with blackouts and horrific breathing difficulties, resulting in the need for oxygen therapy. Thankfully, Mr P followed our strong advice in instructing us to settle his original claim for asbestosis compensation on a provisional damages basis which essentially left the door open for him or his family to pursue a further asbestos claim if the need ever arose.
- Mr P developed his asbestos related condition as a result of suffering heavy exposure to asbestos with Cape Architectural Products Limited between approximately 1961 and 1968.
He was employed with this well known polluting firm as a labourer at their Chalford Works. Cape specialised in producing asbestos moulds and producing various types and grades of asbestos products including sheeting, guttering and corrugated roof panels. Mr. P completed all aspects of work within the factory.
Raw asbestos would be delivered to the factory in hessian sacks. The sacks, measuring about 3 to 4 feet, were taken off the wagons by the driver and the yard gang would place the sacks on an open elevator which lifted them onto the first floor where they were stacked into piles. A great deal of asbestos fibre would be released into the atmosphere when they did that, as the men who handled the sacks used metal hooks to hook onto the sacks and drag them along before throwing them onto the lift. In his witness statement, which was obtained in support of the original asbestos claim, Mr. P described seeing the asbestos fibres floating down in the air all of the time. Asbestos fibres would be lying all over the floor and Mr. P would sweep them up using a brush, put them into a sack and throw the rubbish on the lift to go up to be used with the rest of the asbestos.
For his first 3 years of employment with Cape, Mr. P was taught to mould the various products. In that area of the factory, which was called Belvidere Buildings, there was a crusher which was used to crush waste asbestos. Mr. P worked within 4 to 5 yards of this crusher which was not enclosed in any way. He and his colleagues would regularly throw asbestos waste into the crusher and it would come out of an open chute as asbestos dust. The chute was on a moveable arm and so when the pile of asbestos dust became too high, the arm would be swung around to another area to form another pile. This asbestos was used by the tile gang who worked a few feet away from Mr. P, making tiles for such places as Heathrow Airport. They would wheel the asbestos dust away in wheelbarrows and mix it with water before spreading it onto a mould to form the tiles. When this was done, lots of asbestos dust would be released into the atmosphere which Mr. P inhaled. Such detailed evidence was relied upon as proof of negligence in support of Mr. P’s original claim for asbestosis compensation.
Clearly, Mr. P had suffered very heavy exposure to asbestos dust over a number of years and medical evidence was obtained in support of the asbestos claim which confirmed that he had developed asbestos related fibrosis or “asbestosis” which is a very rare condition, only affecting those who have suffered significant exposure to asbestos in the past. It was also found that Mr. P had developed another asbestos related condition called diffuse pleural thickening which was also contributing towards his breathing problems.
As part of the original provisional damages settlement, a number of return conditions were agreed with Cape’s solicitors. The return conditions allowed Mr. P or his family to return to court for further asbestos compensation if he ever suffered a deterioration in his breathing, giving rise to a level of disability in excess of 63% related to pleural thickening and/or asbestosis. Either he or his family could also return to claim further asbestos compensation if he ever developed asbestos related mesothelioma and/or asbestos related lung cancer.
Shortly after we started to investigate the potential return claim for asbestos compensation on Mr P’s behalf, he tragically passed away. A post mortem took place which revealed a presence of high level asbestos fibres in his lungs which supported the return claim for asbestosis compensation.
Further medical evidence was obtained in support of the return claim which showed that Mr P’s early passing had been caused by his diagnosed asbestosis.
After receiving the completed evidence, Cape’s insurers decided to settle the return claim for compensation quickly, resulting in Mrs P being able to recover a further substantial sum of asbestos compensation following the tragic loss of her husband.
This asbestos claim shows the importance of leaving the door open to claim further asbestos compensation in cases where sufferers face lifetime risks of their diagnosed conditions deteriorating and/or developing other debilitating asbestos related conditions such as mesothelioma and asbestos related lung cancer.
If you require assistance in pursuing a claim for asbestosis compensation or believe you have any other valid asbestos claim 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.