Lung Cancer Claim Settled For Widow Of Former Joiner
We were instructed on behalf of Mr J following his diagnosis of asbestosis. During the course of our instructions Mr J also developed asbestos related lung cancer and sadly died as a result of his condition. We continued the claim on behalf of his widow, Mrs J.
Mr J had a long and complicated employment history with a number of different companies. Based upon his description of his exposure to asbestos, claims were investigated against the following companies:
- The Unit Construction Company Limited – now Beazer Homes Reigate Limited
- Costains (Liverpool) Limited – now R Costain & Sons Limited
- Wm Thornton & Son Limited
- George Wimpey & Co Limited – now Carillion Construction (Contracts) Limited
- Sir Alfred McAlpine & Son Limited – now Carillion Capital Projects Limited
- William Moss & Sons Limited – now The William Moss Group Limited
- County Borough of Wigan – now Wigan Metropolitan Borough
- Holland Hannen & Cubitts (North West) Limited – now Roundway (HHC) Limited
- Manchester Corporation – now Manchester City Council
- Bovis Construction Limited – now Lend Lease Construction (EMEA) Limited
- Broseley Estates Limited – now Ideal Homes North West Limited
- F & F S White Limited – now White Building Services Limited
The Deceased described that he was exposed to asbestos dust between 1960 and 1987 by the above named companies and allegations were made against them. Mr J described that he was exposed to asbestos whilst working in construction and/or refurbishment of public buildings, schools, public housing, universities and hospitals. He undertook a lot of work involving asbestos soffits, asbestos false ceilings and asbestos fascias, cladding joints with asbestos and insulating cupboards with asbestos. He also worked with asbestos tiles, flat and corrugated asbestos sheets and would rip out old asbestos sheeting with a hammer and replace it with new asbestos sheeting in walls, roofs and ceilings. He alleged that the work he undertook involved significant exposure to asbestos dust.
When Mr J sadly passed away as a result of his asbestos diseases, the coroner was involved due to the industrial nature of his death. A post mortem was undertaken and significant levels of asbestos fibres in excess of those associated with asbestos related lung cancer and asbestosis were identified at the post mortem.
Mrs J proceeded with her husband’s claim following his death and negotiations took place with the above-named employers.
Due to the fact that some insurers could not be identified, Mrs J was unable to recover all of her compensation. This is because he suffered with divisible diseases. This means that in order to recover all of his compensation, he had to identify all of those employers who exposed him to asbestos dust and somebody to pay compensation on behalf of each of those employers. Where insurers could not be identified then these contributions to his exposure to asbestos dust could not be recovered.
A gross settlement of £140,000 was agreed following receipt of expert medical evidence.
Mr J had not long retired when he sadly passed away. Mrs J will now use the compensation to complete all of those jobs around the house that she and her husband had saved up for when he retired.
We were pleased to reach a settlement on behalf of Mrs J and her family.
Asbestos related lung cancer is a devastating condition. Lung cancer can be attributed to exposure to asbestos even where the victim was also a smoker, as was the case with Mr J’ claim. If someone has been exposed to asbestos and is diagnosed with lung cancer they may be able to pursue a claim for compensation depending upon the level of exposure to asbestos dust. As a general rule, the higher the level of exposure, the more likely that a link between lung cancer and asbestos exposure can be established.
Posted In: Recent Cases
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