This case study demonstrates expertise of our chemical poisoning and asbestos team which recently negotiated a significant amount of compensation for the wife of a former electrician’s mate who was exposed to asbestos while working for British Gypsum in Erith, Kent and for the Ford Motor Company in Dagenham, Essex.
Mr V was exposed to airborne asbestos dust from 1965 to 1966/7 when working in the factory where Gypsum boards were made. These boards contained asbestos. He also worked in ducting areas undertaking electrical work including pyro cabling work which involved fixing cabling to hot water pipes lagged with asbestos. No precautions were taken against the inhalation of asbestos dust. Asbestos dust was generated during these works which he inhaled.
Mr V was also exposed to airborne asbestos dust every day from 1969 to 1981 when undertaking electrical work which involved drilling and cutting into asbestos ceiling tiles, boards and roofs at premises which Ford occupied in Dagenham. Again, no precautions were taken against the inhalation of asbestos dust. Mr V’s work generated asbestos dust into the atmosphere which he inhaled. Mr V was given no warning, instruction, training or advice about the hazards of asbestos by either employer.
In his mid 60, in February 2011, Mr V was diagnosed with mesothelioma. Soon after instructing us, letters of claim were delivered alleging breaches of the employers’ duties to protect employees under the Factories Act 1961 and/or the Construction (Working Places) Regulations 1966. In the absence of satisfactory replies, proceedings were issued and served soon thereafter. The matter was defended but despite representations from the defendants’ solicitors, the court found that there was no case to answer and entered judgment for an amount to be assessed. Sadly, Mr V died before his compensation could be assessed, so the claim was taken up by his surviving wife. Soon after serving amended court documents, settlement of the claim was reached for £195,000 plus legal costs.
Thomson Snell & Passmore LLP specialises in industrial disease cases. If you would like to ask our team a question about a potential case, or if you have a general query about any personal injury, contact Jonathan Herbert at Thomson Snell & Passmore LLP solicitors on 01892 701226 in confidence.