Our asbestos related disease solicitors helped a man make an asbestosis claim against his employers even though the normal compensation time limit had passed.
Harry* worked as a labourer for Newalls Insulation in Cardiff in the 1960s. His job was to get rid of old asbestos lagging (a type of insulation) in power stations. This task exposed him to large amounts of asbestos with little protection.
In 2014 Harry was diagnosed with asbestosis (a rare long-term lung condition that develops because of continued exposure to asbestos). He immediately contacted solicitors to see if he could make a claim against Newalls Insulation. The solicitors said because he was not showing any symptoms yet, his claim would be unsuccessful. Harry followed their advice and decided not to make a claim.
In 2018 Harry started to suffer from breathlessness which was affecting his daily life. He still wanted to make a claim but you usually have to make an asbestosis claim within three years of your diagnosis. It had been 4 years since Harry’s diagnosis so he was unsure if anyone could help.
He contacted our solicitors to see if we could help. Rebecca Buxton led the team to investigate if Harry could still make a claim against his employers.
Newalls Insulation was part of the Turner & Newalls Group, who had a trust called the T&N Asbestos Trust Scheme which we could claim through. We wrote to the T&N Trust to see if they would agree to extend Harry’s time limit for a claim. They agreed and then we started to gather evidence to support Harry’s claim.
Rebecca and her team got personnel records, medical reports from Harry’s respiratory doctor and an HMRC schedule. This evidence helped prove that Newalls Insulation was responsible for Harry’s asbestosis.
The T&N Trust agreed that Newalls should have done more to protect Harry while he was working there and they paid Harry the compensation he deserved.
Harry was very pleased with the result, he was happy to know that he can get the medical treatment he needs. The compensation will also help his family stay financially secure in future.
Rebecca Buxton said:
“We’re pleased that we could get [Harry] the justice he deserved. Often we get clients coming to us after speaking to other solicitors who’ve turned them away.
In [Harry’s] case, just because he wasn’t showing any asbestosis symptoms, does not mean he cannot make a claim. Asbestosis is a serious disease with devastating effects and [Harry] and his family deserve compensation for that.”
If you or a loved one have suffered from an asbestos related disease contact us today on 0370 1500 100 or send us an email and we'll call you back.
*Not client’s real name
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