Asbestos warning sign

Provisional damages settlement after labourer diagnosed with asbestosis

Jonathan Herbert, specialist industrial disease lawyer acting for the claimant successfully settled a claim on behalf of Mr D to compensate him for his pain and suffering and financial losses due to respiratory disability caused in part by negligent exposure asbestos dust in a former workplace. (Mr D also had bullous emphysema.)

Mr D developed asbestosis as a result of a former employer negligently exposing him to asbestos dust.  He had been employed as a full time labourer from about April 1980 to April 1982.  He worked five days a week from 8.00am to 5.00pm.  No protective clothing or masks were provided to him by his employer and he received no training or warning about the dangers of asbestos dust.  In the course of his employment, Mr D inhaled asbestos dust.  Mr D’s former employer admitted that he was negligently exposed to asbestos dust during the course of his employment.

Mr D’s respiratory disability at the time his claim was settled was approximately 40%, but there was no agreement as to what extent that was due to asbestosis.

Due to his exposure to asbestos dust in the course of his employment Mr D has a risk of developing (i) mesothelioma, (ii) lung cancer and/or (iii) pleural thickening.  We negotiated a settlement of £50,000 by way of immediate damages on the assumption that Mr D would not at any future date contract any of these conditions.  If he does, Mr D will have the right to claim further compensation.

Jonathan Herbert specialises in industrial disease cases.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

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