£184,000 Compensation Awarded in Asbestos Claim Case Study

Author:
Gavin Evans
Partner, Industrial Disease Lawyer
Date:
02/04/2019

Client Situation

Our client was exposed to asbestos dust whilst working as an apprentice carpenter/joiner and then as a carpenter/joiner for Ben D. Gibbs & Sons Ltd from 1964 to 1972.

His exposure to asbestos fibres arose from his duties working aboard ships in dry dock – he worked below deck building and fitting out cabins. He cut asbestos boards and laggers also worked nearby who also created asbestos fibres to be released into the air. He worked in confined spaces with little or no ventilation and no masks or other protective equipment were provided to him.

He also did some work in factories replacing asbestos roofs, which again exposed him to asbestos dust as he was required to drill and saw through the asbestos sheets. Again, no masks were provided to prevent him from inhaling the deadly fibres.

Our client began to develop symptoms of mesothelioma in June 2017. He underwent chest X-rays and scans and had a biopsy. The biopsy results confirmed the diagnosis of malignant mesothelioma of the pleura.

Our client underwent chemotherapy and had large volumes of fluid drained from his lung. He eventually had to have a permanent chest drain fitted as the fluid kept accumulating, causing breathlessness and chest pain.

How We Helped

Simpson Millar Partner and Industrial Disease Claims Lawyer Gavin Evans successfully negotiated a compensation settlement a week before the case went to Trial. In addition to the agreed lump sum of compensation, the defendant’s insurers will also pay for his immunotherapy treatment indefinitely.

We also helped our client to obtain a lump sum compensation payment from the government plus relevant state benefits through the Department for Work and Pensions. We provided a truly holistic service, offering support and assistance throughout the asbestos claim.

The Outcome

We secured compensation of £184,000 for our client plus the cost of private immunotherapy treatment, which is ongoing. The compensation was to cover our client’s pain, suffering and loss of amenity, as well as the loss of income, travel expenses, care costs and out of pocket expenses.

For free legal advice call our Industrial Disease Solicitors

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