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£75,000 compensation settlement for family of deceased former railway worker

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£75,000 compensation settlement for family of deceased former railway worker

Following his diagnosis of mesothelioma Mr Smith instructed me to pursue an asbestos disease claim on his behalf. Despite being quite poorly Mr Smith was able to provide a statement and this proved to be very important for the case.

Mr Smith was exposed to asbestos by two different employers at two separate locations. His more recent exposure was when he worked as a welder for International Combustion Limited at the Kingsnorth Power Station. He was exposed to asbestos there.

He had a longer period of exposure to asbestos when he worked for British Rail at Ashford Railway Works. He had a variety of roles there. One of his jobs was working as an electrician’s mate and he was responsible for the maintenance and repair of all electrics on the premises. In order to gain access to defective wiring, he had to pull away and break off the asbestos insulation sheets. It was his responsibility as the electrician’s mate to bag the asbestos and sweep it up after they had finished the job. It was a very dusty job.

He also carried out electrical maintenance within the boiler shop. The boiler shop workmen used to service and maintain the boilers for steam engines. The steam engines were lagged and often lagging would be removed and reapplied as Mr Smith was carrying out electrical works in the boiler shop.

He also worked in the area of the premises where wagons and frames were under repair and construction. At that time, slabs of asbestos were used in the construction of the wagons and frames and when repairs were carried out to the existing wagons, the slabs of asbestos had to be removed.

The workmen carrying out repairs and construction of wagons were sawing and drilling asbestos whilst Mr Smith was carrying out the electrical works in the wagon and frame shop.

Supportive medical evidence was obtained. Sadly Mr Smith died before the case was concluded but his family continued with the claim and it was settled for £75,000.

Written by

Kim Milan

Senior Partner and Head of Personal Injury

Kim Milan leads Boyes Turner’s highly regarded personal injury team. A specialist in catastrophic injury cases, Kim acts for clients with acquired brain damage, spinal injuries and serious orthopaedic injuries.

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