We acted for Mr B who was diagnosed with pleural thickening after being exposed to asbestos with two former employers.
Exposure to asbestos as a joiner
In 1968, he began an apprenticeship with T Elvins and Sons, based in Birmingham. He worked in a joinery shop and made fire doors. Asbestos sheets were used to fireproof the doors and it was Mr B’s job to cut the asbestos sheets with a circular saw. The doors were assembled with the asbestos sheets being put in the middle and then drilled into place. This was an extremely dusty job and asbestos dust flew around the joinery shop as he worked.
After completing his apprenticeship, Mr B went to work for a shop fitting company, A Edmunds and Co Limited, also based in Birmingham. He was employed as a joiner and foreman fixer, doing shop fitting and general carpentry and joinery. He was regularly cutting asbestos sheets in ceiling voids to form fire breaks. He would make studded frameworks with asbestos sheets fitted to the sides, cutting them to size and drilling them in place. Mr B also had to cut around pipes lagged with brown and blue asbestos, brushing against them as he did his work.
At both companies, as well as working with asbestos himself, Mr B worked near to colleagues who were also using asbestos and so he was further exposed to asbestos from them.
Experts in tracing companies
After identifying which companies Mr B was exposed to asbestos with, our expert team began researching the companies. As with many companies in asbestos disease compensation claims, T Elvins and Sons was a dissolved company and so we had to trace employer’s liability insurance for the time that Mr B worked there, insurance was traced with Aviva. A Edmunds & Co Limited was found and was still an active company.
Breach of duty admitted
We instructed a medical expert and an engineer to provide expert evidence in support of Mr B’s claim and the Defendants accepted that there had been a breach of duty. It was then down to our specialist solicitor, Helena Cameron, to negotiate settlement of the claim.
Provisional damages settlement
In claims for pleural thickening, we would always recommend settlement on a provisional basis. This allows someone to come back and claim again if their condition deteriorates or if they develop another asbestos-related condition such as mesothelioma. Due to the nature of the settlement, the value of claims settling on a provisional basis are slightly lower than in full and final claims but we believe it is important to leave the door open for further claims in the future.
Claim settled
The claim settled just under two years after Mr B’s first initial contact with us, on a provisional basis for the sum of £135,000 gross of deductible benefits and Holtby discount. Deductible benefits are any benefits such as Industrial Injuries Disablement Benefit (IIDB) are deducted as the Defendants have to pay these amounts back to the Government. A Holtby discount occurs where a Defendant or insurance cannot be traced for any part of the Claimant’s employment, in this case, insurance for T Elvins and Sons could only be traced from 1969 so the first year of his employment was discounted.
Holtby discounts do not apply to mesothelioma compensation claims as mesothelioma is an indivisible condition, meaning you only need to trace one company or insurer and they are liable to pay for 100% of the claim.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or 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.