£40k awarded in compensation for Asbestosis
Our specialist industrial disease lawyers were instructed in March 2009 to act for a man in relation to his contraction of fibrosis and pleural plaques.
Our medical expert confirmed that on the balance of probabilities, his fibrosis represented asbestosis and that he had a 20-30% respiratory disability, which would progress slowly over time to result in an increased respiratory disability of 40%.
He claimed that he had been exposed to asbestos whilst working at 4 different companies.
- He was initially exposed to asbestos whilst employed by George Wimpey & Co Limited (predecessors to Carillion Construction (Contracts) Limited), between or around 1953 to 1954 for one year. He worked at the oil refinery at the Isle of Grain as an electrician, where he worked alongside fitters and laggers as they mixed up “Compo” an asbestos compound with water and applied the same to pipes.
- He was then employed by T Clarke & Company Limited (predecessors to T Clarke plc) between or around 1947 to 1953 and again from 1955 to 1959 (he worked on and off for this company). He recalled working as an 'electrician’s mate' for this company at London Airport, Fords of Dagenham and Woolwich Arsenal. Initially, he could not recall much about his asbestos exposure with this company, but we managed to trace a witness who described laggers working on site, mixing up asbestos and using pre-formed sections of asbestos.
- He was then exposed to asbestos whilst working for Phoenix Electrical Company (London) Limited (predecessors to Phoenix Electrical Company Limited) between or around 1960 to 1962. Again, he was employed as an electrician and worked in boiler houses at Moorgate and the Old Bailey where he installed electrical fittings. He worked in confined spaces, alongside plumbers or fitters as they stripped old asbestos lagging from pipes and boilers with a chisel without warning or protection. He further handled asbestos rope or cloth which was inside switch gear.
- Finally, he was exposed to asbestos whilst working for Troup Curtis & Company Limited between 1976/77 to 1981/82 working at Silver Town and Tilbury Docks. He described working in an engine room on ships where plumbers and fitters removed old asbestos lagging from pipes and boilers. He also worked at the Corey Town Oil Refinery, removing asbestos ceiling tiles.
At the time of investigation, the first three companies were 'live' companies and had assets. Whilst the fourth company Troup Curtis & Company Limited was listed as 'live' at Companies House, it had no assets and therefore our lawyers needed to trace the employers’ liability insurers. We successfully managed to trace the insurers for part of his period of employment.
Proceedings were issued in the High Court. The Master at the High Court ordered a “show cause” hearing where the four Defendants failed to produce any evidence to dispute our client's asbestos exposure and the claim settled in December 2009 at the global value of £40k.
If you have any questions or would just like to speak to one of our specialist industrial disease lawyers, please call us on 0800 884 0718 or send us an email.
SEE ALSO
Our people
Making a claim
