We are happy to have successfully recovered asbestosis compensation for Mr W, who was diagnosed with asbestosis in early 2016 after suffering from breathing problems for a number of years. Asbestosis can only be caused by being exposed to vast amounts of asbestos. Continue reading to learn more about his story, and how we secured compensation for him.
Exposure to asbestos:
Mr W was employed by Lycett & Platt Limited (now known as Plumb Furniture Systems Limited) as a joiner. Throughout his time working with them, he suffered regular, heavy exposure to asbestos.
We obtained evidence to support the asbestosis claim, which showed that Mr W carried out regular shop fitting work across the country for the company. He often worked long hours. In his witness statement he confirmed that he had been exposed to asbestos up until around 1985 and was never provided with any form of respiratory protection. We relied upon this as proof of negligence and breach of statutory duty in the successful asbestosis claim.
Exposure at work:
Mr W frequently had to remove asbestos-containing materials during the extraction at the start of the shop fitting jobs. He would regularly have to remove pipework lagged with asbestos. As Mr W and his colleagues used hammers to remove the pipework, large amounts of asbestos dust and fibre were released. We always have to establish very heavy exposure to asbestos dust to prove blame in an asbestosis claims. In Mr W’s successful claim for asbestosis compensation he had clearly been exposed to a large amount of asbestos. Mr W also explained that he and his colleagues would rip out old asbestos boards that were extensively used as insulation on the insides of shops. They would use tools, including hammers and saws, and their bare hands which released huge amounts of asbestos dust and fibre.
Mr W also had to handle, cut and fit new asbestos boards and fire doors containing asbestos. He and his colleagues would use circular saws to cut the boards, raising huge amounts of asbestos dust and fibre. They would also use electric drills to make holes in the boards and fix them into position using screws. This released further dust.
We obtained expert medical evidence from a well-respected Respiratory Physician in support of the asbestosis claim. This confirmed that Mr W had sadly developed incurable asbestosis, and that this was responsible for his 20% respiratory disability. Mr W faces further risk of his asbestos-related problem deteriorating in the future.
The Defendant’s insurers sought to contest the asbestosis claim by obtaining their own medical evidence, only to receive a report from their chosen expert which backed up the diagnosis of asbestos-related fibrosis. This forced them to pay asbestosis compensation to Mr W. Mr W received a significant sum of asbestosis compensation and we settled his claim on a provisional damages basis. This leaves the door open for him to claim further asbestos compensation, if his situation deteriorates in the future.
How can we help?
If you require assistance in pursuing a claim for asbestosis compensation, or other asbestos disease, please contact us today. You can contact us by calling our freephone number: 0800 038 6767. Alternatively, head over to our ‘Contact Us’ page, complete the form and we will be in touch.