Industrial disease claims are highly complex and by their nature, often result in serious or life threatening illnesses. Here at Farleys our expertise in this area of law has allowed us to successfully negotiate industrial disease claims of all types, securing settlements on behalf of our clients. Below is an example of a previous case we have won:
Eccles, Manchester Industrial Disease Claim – Mr X Awarded £70,000
In the 1970s and 80s Mr X of Eccles in Manchester worked for 6 years as a pipe fitter in a local manufacturing company. His job was to help in the maintenance of the pipes and boilers in the heating system across the enormous site which employed about 5,000 people. At this time all pipes and boilers were lagged with asbestos and Mr X had to remove this asbestos in order to replace or repair the pipes and boilers. Removal and disposal of the lagging created clouds of asbestos dust. Mr X was not provided with training or safety equipment, such as masks, and so regularly breathed in this dust for 1 to 2 hours at a time. His clothes were also covered in the dust.
After several other jobs, none involving exposure to asbestos, Mr X retired in 2000.
In the 1990s, about 10 years after working with the asbestos, Mr X began to experience chest problems. His symptoms became worse over time with increasing breathlessness, pain and coughing blood. He underwent many medical examinations which did not reveal the true cause of the problems until 2010 when he was given the diagnosis of a terminal asbestos related condition.
After 2010 Mr X’s condition deteriorated significantly until by 2012 even basic tasks such as showering and dressing were difficult and walking upstairs was impossible. He was in constant need of oxygen and needed a wheelchair to get around. The fact that he was not able to care for his wife as she too grew older caused further distress to Mr X. Previously he had been an extremely fit and active man.
How Farleys Industrial Disease Specialists Helped
Farleys understand that because of the time it takes for asbestos related diseases to be diagnosed and the aggressive nature of the illnesses, once diagnosed a claimant’s health often deteriorates very quickly. They understand time is important and so handle every aspect of the claim. The team work tirelessly to gain just compensation whist enabling the family to spend time together.
For Mr X, the team at Farleys had the triple challenge of proving he was not exposed to asbestos at any other time, his illness was caused by his exposure to the asbestos at this employer and that the employer from 30 years ago had not provided adequate training or safety equipment.
The situation was made more complicated for Mr X since the company went into liquidation during 2012 whilst contesting liability for his illness. This did not deter the industrial disease compensation team at Farleys who engaged Counsel and pursued the matter in the County Court in order to obtain compensation for Mr X.
The team worked with the family to ensure expenses such as the alterations to his home, the purchase of a car large enough to enable him to travel with his oxygen cylinders, care by professionals and family members and future care costs as well as his pain and suffering were taken into consideration in the claim against his former employer. After receiving a favourable judgement from the Court, the claims team continued to negotiate with determination to gain the required compensation for Mr X.
Sadly, Mr X passed away in 2012. The team at Farleys continued to support his widow and children in agreeing a settlement of £70,000 later that year.