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Ex-Plasterer exposed to asbestos to receive compensation

Case study

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Ex-Plasterer exposed to asbestos to receive compensation

Boyes Turner specialist asbestos disease lawyers were instructed by Mr C following his diagnosis of pleural thickening, an asbestos related disease.

Background

Mr C was employed by Airey of Leeds Limited (the defendant) as an apprentice plasterer and eventually as a fully qualified plasterer.

Whilst on site Mr C was exposed to asbestos from other peoples trades such as people cutting asbestos boards in his immediate vicinity and when people were spraying asbestos lagging on to roof supports whilst he was working underneath them.

Throughout his working role Mr C was exposed to copious amounts of asbestos dust. It was this asbestos exposure that led to Mr C to suffer from the effects of an asbestos related disease.

A Boyes Turner specialist asbestos disease solicitor took a detailed statement from Mr C and used this evidence in order to pursue a claim against Mr C’s previous employers.

Boyes Turner also assisted Mr C in applying for government benefits which he was entitled to, namely Industrial Injuries Disablement Benefit and a lump sum payment under the Pneumoconiosis (Etc) (Workers Compensation) Act 1979.

Mr D’s legal claim

Boyes Turner sent a full letter of claim to the defendant setting out various allegations of negligence and requesting that the defendant admit liability for Mr C’s asbestos related disease.

After the defendants investigation of the claim, liability was denied. The defendant stated within its denial that it had not acted negligently to Mr C, that it had not caused his disease, that the claim had been pursued out of time and it even attempted to claim that Mr C was never an employee of the company.

Due to the blanket denial received in this claim Boyes Turner issued proceedings in the Royal Courts of Justice, London, in attempt to gain justice for Mr C.

After a lengthy and gruelling legal battle the defendant eventually agreed to compensate Mr C in full for his injury. The Defendant also agreed that Mr C would be able to return for further compensation if he were to go on to suffer asbestosis, lung cancer or mesothelioma.

Mr C’s comments

Mrs C is delighted with the fact that Boyes Turner have managed to finally obtain justice for him and that he would be compensated for his injury.

Mr C is especially thankful that Boyes Turner fought on tirelessly for justice in the face of such a blanket denial of liability of the entirety of his claim.

Boyes Turner’s specialist asbestos disease lawyers

Boyes Turner are one of the largest legal services providers in the Thames Valley and operate one of the largest specialist industrial disease teams in the country.

Boyes Turner pride themselves on being able to take on the cases that other lawyers deem to have a lack of prospects and in being able to succeed where others have failed. The success in cases like Mr C’s conforms with Boyes Turners ethos of obtaining justice for asbestos victims and ensuring asbestos victims and their families are properly compensated.

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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