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£94,000 compensation recovered from Tool Masters following mesothelioma diagnosis

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£94,000 compensation recovered from Tool Masters following mesothelioma diagnosis

Our specialist asbestos claims team was instructed by Mr B in August 2015 following his diagnosis of mesothelioma, an asbestos related cancer. During the course of his working life as a tool maker Mr B had been employed by Tool Masters Manufacturing Limited of Uxbridge from the early 1950s until the late 1970s. Mr B was exposed to foreseeably harmful levels of asbestos dust and fibres in his work place.

Exposure to asbestos

An external asbestos insulation company were brought onto the premises and sprayed an asbestos insulation foam on to the ceiling of the factory over a period of weeks, whilst Mr B and his co-workers continued working. As a consequence of this process asbestos dust and fibres rained down upon Mr B and his colleagues who were not provided with masks or breathing equipment, nor were they warned of the dangers posed by this process.

Over the years the asbestos ceiling covering deteriorated and lumps of the asbestos covering, together with dust and fibres, fell onto the floor and machinery below causing asbestos dust and fibres to be released into the working environment of the factory. It was this exposure to asbestos that led to Mr B suffering from mesothelioma.

Making a mesothelioma claim

We visited Mr B at home and took a detailed witness statement from him to use in evidence in order to pursue a claim against his previous employers. We also assisted Mr B in applying for government benefits to which he was entitled as a consequence of his exposure to asbestos.

We investigated and traced insurers for his employer, Tool Masters Manufacturing Limited, a dissolved company. We then obtained supportive medical evidence from a respiratory physician and pressed the insurers representing the dissolved company for an early settlement.

Following negotiations a settlement of £94,000, excluding the benefits received by Mr B, was paid to cover his pain and suffering and out of pocket expenses and future losses. The case was settled less than 6 months from the date that Mr B instructed our specialist team.

Mr B commented on the outcome of his mesothelioma claim:

Right from the start, when Kay Borthwick came to see me at my home, I was very confident in her ability to do the best for me. I cannot thank her enough for her persistence in seeking out the evidence in my case. She kept me informed every step of the way with phone calls and following this up with a written explanation. Kay has not just been a solicitor fighting for my compensation, she has been very kind and supportive and has boosted my morale when I have been feeling very low. I cannot thank or praise her enough for the way in which she has handled my case”.

Written by

Laura Magson

Partner and Head of Asbestos Disease

Laura Magson, Partner and Head of Boyes Turner’s Mesothelioma and Asbestos Disease team.

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