Our asbestos-related disease solicitors secured over £116,000 in compensation for our client, John*. He developed mesothelioma after being exposed to asbestos at two different companies.
What happened to John?
John worked for British Rail as a Clerk in a boiler shop at Swindon Railway Works for two years between 1949 and 1951. John has since said the boiler shop was like “walking through snow” due to the amount of asbestos dust and fibres in the air.
Those working in the boiler shop were installing, repairing, and renewing asbestos-lagged boilers in train engines. During the process, old and crumbling asbestos lagging would collect on the ground, where it’d be disturbed by workers as they moved and swept around the area.
Later, John worked for CEGB in the turbine hall of Portishead Power Station in 1967/68. In this role, he took meter readings and managed the switch controls and levers. The plant, machinery, and pipework were lagged with asbestos, which was often disturbed as fitters and tradespeople carried out repairs.
Most of the maintenance work happened during shutdown. John had to work during this time as he needed to keep an eye on gauges, meters, and valves. It was impossible for John not to breathe in dust and fibres while asbestos insulation was removed and reapplied.
John’s illness
John was suspected of having mesothelioma when he was 89 but he was too frail for a biopsy. He was generally active and in good health, but after the onset of his symptoms he found it hard to leave his first-floor flat with his zimmer frame. John quickly lost a lot of weight and his son had to move in with him to look after him.
How did Irwin Mitchell help John?
John contacted our asbestos-related disease team to make a claim against both British Rail and CEGB. In spite of not having a firm diagnosis we began investigating the claim and sent letters of claim to both employers.
Sadly, John passed away after being admitted to hospital with a chest infection. However, our solicitors continued the claim on behalf of his estate.
A post-mortem was carried out, which confirmed John’s cause of death was malignant mesothelioma. An independent medical expert concluded that John’s life had been reduced by four years as a direct result of asbestos exposure.
John’s former employers finally admitted breach of duty, and negotiations led to a settlement and compensation paid to his estate. John’s claim was eventually settled for £116,500.
Expert comment
John’s claim was handled by Virginia Chalmers, a Partner and head of the asbestos-related disease team.
Speaking of John’s claim, Virginia said: “It’s tragic that John’s claim couldn’t be settled while he was alive, but I’m glad we were able to get a fair settlement for his family.
“John was an active and hard-working man. Due to the negligence of not one, but two employers, his quality of life was significantly reduced at a time when he should have been enjoying his retirement. While no amount of money can replace the loss of John, I hope his loved ones can find some comfort in knowing we were able to prove his former employers’ responsibility.”
*Client’s name has been changed.
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