Our Industrial Disease Team work hard to obtain compensation for clients who have suffered injury due their work. They deal with a wide range of conditions from asbestos diseases and vibration white finger, to repetitive strain injuries and noise-induced hearing loss.
The team recently won further asbestos disease compensation for our client, Mr E, following deterioration of his health. Read the story here.
Settling the initial claim against Beeston Boilers Limited
Mr E had been diagnosed with a benign asbestos-related pleural effusion with diffuse pleural thickening following exposure to asbestos whilst working for Beeston Boilers Limited (later known as Colombo Limited). He was working in a factory environment where there was asbestos lagging being ripped from the pipes and the air was thick with asbestos dust. Mr E contacted us for an initial discussion and decided to instruct our Industrial Disease team to act on his behalf.
We obtained a medical report to support Mr E’s claim which showed that he was 45% disabled, 25% of this being due to his asbestos-related diffuse pleural thickening. The Defendant offered to settle Mr E’s claim on a full and final basis, however his solicitor advised him it would be wise to return with an offer on a provisional damages basis. Mr E took his solicitor’s advice and settled his claim on a provisional damages basis which would allow him to return for further compensation should he develop either mesothelioma (an asbestos-related cancer) or a serious deterioration in his asbestos-related respiratory disability.
Return claim following deterioration of his health
Sadly, Mr E contacted us again in 2021 as he had been suffering with worsening breathing difficulties. We obtained further medical evidence which showed that Mr E’s respiratory condition had indeed deteriorated. He was now 75% disabled, 45% of this being due to his asbestos-related diffuse pleural thickening. We therefore returned to the Defendant to request further compensation for this significant increase in Mr E’s respiratory disability.
As part of the return claim, we also obtained evidence from a care expert to claim for the additional care needs Mr E required as a result of his increased disability. This included past and future care provided both by professional carers and gratuitous care provided by his family.
The return claim was settled at a Joint Settlement Meeting, again on a provisional basis, and our client received a further considerable compensation payment of more than three times the amount recovered in his original, successful pleural thickening claim. He also retained the right to return to claim again should he develop mesothelioma. Whilst we, of course, hope that Mr E does not suffer any further deterioration in his health, he has the peace of mind of knowing that he will be entitled to return to claim further considerable asbestos disease compensation, if he were to suffer such misfortune.
If you require assistance in pursuing a pleural thickening claim or believe you have a valid claim for any other asbestos disease then please contact us today on 01244 312306. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.