We were instructed by our client to claim damages in connection with a claim arising out of his employment. He was employed as a Maintenance Engineer between 1962 and 2001.
Our client had been recently diagnosed with asbestosis in the lungs. He was exposed to asbestos whilst working in the course of his employment and such exposure resulted in his diagnosis. Throughout our client's employment, he was not provided with any information in relation to the possible risk of contracting an asbestos-related disease. He received no health and safety advice or personal equipment to minimise or prevent the risk ofthis condition being contracted.
A CT scan that our client had carried out showed pleural plaques in extensive bilateral position and is consistent with asbestosis.
How we helped our client
We intimated our client's claim directly upon his employers, which they passed to their insurers to investigate the claim.
Following a period of investigation, the insurers came back to confirm that liability was admitted.
We had recovered copies of our client's medical records and had instructed a report from a Consultant Respiratory Physician confirming our client had 40% respiratory disability based on his symptoms which 20% was estimated to be due to the asbestosis and 20% due to the comorbid disease.
Our client was at an additional 13.6% lifetime risk of developing lung cancer and 2% lifetime risk of developing mesothelioma.
We forwarded this report to the Defenders insurers along with our valuation.
Initially, the third party insurers put forward an offer of £25,000. After discussing the offer with our client, we agreed that the offer was unreasonable, and suggested we counter offer to the third-party insurers.
We returned to the third-pary insurers seeking an increase upon their offer.
The insurers agreed to increase their offer to £42,000 in full and final settlement of our client's claim taking into account any future risk. Our client confirmed that he was happy to accept this offer.