Provisional Damages Order Obtained For Sufferer Of Pleural Thickening To Guard Against Development Of Future Asbestos Related Disease
Mr A became unwell and developed pleural thickening as a result of exposure to asbestos. Mr A had been exposed to asbestos during his employment with a number of different employers but unfortunately, the companies are now all dissolved.
In cases involving exposure with now dissolved companies, a claim can still be pursued if employers liability insurers covering the period of exposure can be traced.
Extensive investigations were undertaken to try and locate insurers and an insurer for a small period of employment was traced in respect of Mr A’s employment with Essen Steels Limited.
Pleural thickening is what is known as a dose related disease which means that each individual employer is only responsible for a claim in so far as they exposed the Claimant to asbestos. The apportionment between employers is calculated either on a time exposed basis or by obtaining specialist evidence from an engineer as to the levels of exposure.
As the insurers traced covered only a very small period of exposure, their monetary contribution to this claim was minimal. However, a settlement was negotiated which enabled a provisional damages order to be put into place for Mr A’s benefit. This order enables Mr A to return to the insurer for compensation if he develops a more serious asbestos-related disease.
Mr A was also assisted in claiming benefits in respect of his pleural thickening.
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