Paul had only recently retired when he began to suffer flu-type symptoms and to lose weight. His GP arranged for some testing, which led to further investigations and Paul being diagnosed with mesothelioma. A cancer affecting the lungs is most commonly caused by asbestos.
Paul was told that surgery was not an option and that his prognosis was not good. At this time, he had low energy, breathlessness, coughing fits, and night sweats. He began chemotherapy but had to stop it due to sickness.
Paul saw Andy Shaw of Higgs LLP for legal advice on how to make a workplace disease claim because he thought that his mesothelioma may have been caused by exposure to asbestos at work. Whilst he had had many jobs over his working life, he was only exposed to asbestos when working at a motor parts manufacturer in the 1970s.
As a skilled fitter, Paul fitted brake bands that were lined with asbestos into gearboxes. The asbestos had to be filed down by hand to make them fit into a gearbox and, sometimes, were drilled to fit rivets. The filing and drilling created asbestos dust, which Paul breathed in. He was given a paper dust mask and there was an extractor, but neither was effective.
Paul also worked next to colleagues, doing the same process just feet away, so he breathed in their asbestos dust. There was so much dust all around that it settled on their workstations and had to be swept up.
Paul had been a fit and active man. He did various chores around the home and looked after the garden. He regularly went on holiday with his partner. However, he could not do any of this after he was taken ill.
Considering his condition, it was important that we get a quick settlement for Paul. We presented his claim urgently to the employer’s insurers and also ensured that Paul claimed the welfare benefits, including a payment under the Pneumoconiosis Workers Compensation legislation.
Due to the time since Paul’s employment, there was no documentation from that period. However, the insurers were willing to accept responsibility for causing the disease so long as Paul could prove that his work with that employer caused it. We did this by using Paul’s own witness testimony and expert medical evidence, which confirmed his mesothelioma diagnosis and life expectancy of around 18-24 months.
We prepared to issue court proceedings promptly, bearing in mind Paul’s shortened life. In response, the insurer made an opening offer. This was not enough, so after further negotiation, we finally agreed on an improved final settlement of approximately £260,000. This settlement provided for Paul’s needs in the time he had left to live.
