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Man Exposed To Asbestos At Work Receives Compensation From Employer

Workplace illness specialists at Irwin Mitchell have settled a case for over £186,000 for a man who was exposed to asbestos during his working life.

Mr R was diagnosed with mesothelioma, a terminal form of cancer caused by exposure to asbestos, in November 2011, at the age of 65.

Mr R was exposed to asbestos whilst working as an improver wood machinist with T Elvins and Sons Limited, based at Naden Road, Birmingham. During his employment between 1962 and 1978, Mr R was regularly exposed to asbestos as he was required to work with asbestos sheets.

The asbestos sheets were delivered by lorry and Mr R was required to unload the sheets and carry them to the storage areas, meaning loose asbestos dust came of the sheets and onto his hands and clothes. He also has to cut, drill and plane the asbestos sheets. This work was dusty and caused substantial quantities of asbestos dust and fibres to be released into his working environment which he could not avoid inhaling. Mr R was not provided with any respiratory equipment nor was he warned of the dangers of asbestos materials.

Mr R’s symptoms began in October 2011, when he began feeling generally unwell and experiencing shortness of breath. Following a number of investigations, including chest x-ray, CT scan and a biopsy, his diagnosis of mesothelioma was confirmed. In an attempt to provide him with some palliative symptom relief, he underwent radiotherapy and chemotherapy.

Mr R instructed Irwin Mitchell to investigate a claim for negligence against his former employer. His claim was investigated urgently and his employer, with T Elvins and Sons Limited, agreed that that Mr R had been negligently exposed to asbestos during the course of his employment.

Hayley Hill, Associate and industrial disease specialist at Irwin Mitchell’s Birmingham office, acted for Mr R and said:

“We were extremely pleased to be able to successfully conclude Mr R’s claim during his lifetime and without the need to commence Court proceedings. Although the compensation paid by his former employer will not restore the effects that the negligence has had on Mr R’s life, the compensation obtained on his behalf helped to give him peace of mind that his wife, children and his grandchildren would be provided for in the future”.

If you or a loved one has been affected by an asbestos related illness, our solicitors can help you to claim compensation. See our Asbestos Claims page for more information.

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