Compensation for employee of T S Industrial Developments Limited who contracted mesothelioma
Boyes Turner's specialist industrial disease lawyers were instructed in May 2006 by a client who had recently been diagnosed as suffering from the asbestos related cancer, Mesothelioma.
He had been employed as a plumber with T S Industrial Developments Limited but had been responsible for his own tax and National Insurance. We gathered information to establish that he was classified in law as an employee and that he was therefore owed a duty of care by his employer
However, the case was hard fought on all fronts and proceedings were issued in February 2008.
In November 2008 the case went to trial and our client was awarded £275k in compensation (net of all recoverable benefits).
The case has significant consequences for living mesothelioma sufferers. They now have the possibility of giving their own evidence about their losses whilst also having the ability to leave a claim open for their family at a later date. The claim has an impact upon the recoverability of Fatal Accident Act payments in a living mesothelioma claim.
As a result of this case, Kemp and Kemp has been amended.
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