Irwin Mitchell’s specialist industrial disease team has helped the family of a 75 year old grandfather who sadly died from mesothelioma claim compensation after he contracted a terminal form of cancer caused by exposure to asbestos during his employment.
Mr S began to work for Tomkinson’s Carpets Ltd in the early 1960’s where his duties involved weighing, mixing and pouring dyes into a Vat. His exposure to asbestos was not from an immediately obvious source but our investigations were able to determine that there were pipes lagged with asbestos in the premises in which Mr S worked. During the course of his employment maintenance work was carried out to these pipes and this disturbed the asbestos lagging which resulted in asbestos dust and fibres being released his working atmosphere.
Mr S was not provided with any health and safety training to minimise the dangers of asbestos exposure during his employment and he was not provided with any warnings of the dangers of asbestos exposure.
Mr S was becoming increasingly breathless and following a number of investigations including x-ray, CT scan which showed markers of asbestos on his lung. Mr S underwent a biopsy which confirmed that he was suffering from mesothelioma. This was naturally a devastating diagnosis for Mr S and his family.
After being diagnosed, Mr S contacted Irwin Mitchell’s specialised industrial disease team and one of our experienced solicitors, Hayley Hill, was able to deal with his claim. Mr S sadly died within a short period of his diagnosis but his family continued with his claim and we were able to secure £135,000 in compensation in an out of court settlement.
Hayley Hill, Associate and industrial disease specialist at our Birmingham office, acted for Mr S and subsequently his wife and family and said: “This was a potentially difficult claim due to the low level nature of the exposure experienced by Mr S during his employment. The extensive investigations carried out on behalf of Mr S and his family resulted in sufficient evidence to secure agreement from his former that Mr S had been negligently exposed to asbestos during his employment, without the need to commence Court proceedings. Although the compensation paid by his former employer will not bring back their loved one, we were extremely pleased to be able to successfully conclude the claim and to provide some security for the wife and family of Mr S which had been his hope in commencing the claim”.
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