Bennett v AYR Engineering and Constructional Company Limited
and four others
Our mesothelioma claims team acted for Mr Bennett who developed
asbestosis and suffered a significant
psychological reaction as a result of exposure to asbestos. Mr Bennett worked as a ship
repairer for five companies on a casual basis.
Asbestosis is regarded as a divisible disease.
This means the severity of the disease is affected by how much the
victim is exposed to the asbestos.
Where there is more than one employer,
compensation is apportioned to the dose of asbestos received in
each employment. Each employers dose is determined by the
duration and level of the exposure. Therefore an employer is
liable to pay compensation only for the dose or contribution to the
overall condition in respect of whether other employers are sued or
found liable.
In Mr Bennett’s case there were five employers
who exposed him to asbestos. One of his employers was Ayr
Engineering and Constructional Company Limited, a Scottish company
which had, to our knowledge, never been sued. The company no
longer traded and the employers liability insurers were
unknown. However, after investigation we found the
insurer and successfully restored the company to the
Register. This meant that Mr Bennett was in a position to
recover 100% of any compensation.
Mr Bennett had sadly seen his brother-in-law
die from mesothelioma and became
extremely anxious. He found he had become more irritable and
would snap at his wife and family for no reason. He could not
concentrate on watching t.v or reading newspapers. His
appetite diminished. We obtained a report from Dr Menon, a
Psychiatrist who recommended that Mr Bennett undergo cognitive
behavioural therapy by a trained Psychologist. The treatment
to date and future treatment was included in the claim.
The claim was settled for £55,000 on a
provisional basis, at unusually high amount for this type of
award. It means that should he develop mesothelioma or lung cancer,
he will be entitled to further compensation.
For further information or if you believe you
have a mesothelioma compensation
claim, please contact a member of our mesothelioma claims team by calling
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.