We recovered
compensation for our client who developed lung cancer from exposure
to asbestos.
Mr Arthurs was exposed to
asbestos as a young man between 1952 and 1954. He was employed
as a pipefitter by C A Parsons on the construction of power
stations at East Yelland in Devon and at Shoreham, in Sussex.
C A Parsons installed high
pressure steam pipes in the upper parts and roof sections of power
stations. Mr Arthurs’ job involved working at heights to
secure block and tackle for hoisting high pressure steam pipes into
position.
Alongside him laggers
worked to insulate ductings and pipes. Their work generated
asbestos dust which contaminated Mr Arthurs’ working
environment.
He also assisted the grade
A welders in the precision welding of high pressure steam
pipes. His job was to “cut back” excess lagging on the
pipework to allow the welder to get access to the pipework
underneath.
Mr Arthurs also applied
and removed the copper heating coils. These were insulated
with asbestos weave that was in a poor state so that it crumbled as
he handled it and gave off dust which he inhaled.
Many years later, as a
result of this exposure, Mr Arthurs developed lung cancer which was
diagnosed in the course of other medical treatment. He
underwent a lobectomy and follow up surgery which kept him away
from work for a few weeks on each occasion.
Mr Arthurs was left
with a feeling of breathlessness on exertion but some years have
passed since the surgery, so the prospects look good.
Mr Arthurs instructed
Andrew Morgan who took a full statement
and was able to trace the insurers to make a claim.
Although it was intense,
Mr Arthurs’ exposure occurred over a relatively short period of
only three years. In addition the exposure occurred in the
early 1950s, before the link between asbestos exposure and lung
cancer had been firmly established.
Mr Arthurs also
benefited from his early surgery which had effectively removed the
risk of lung cancer.
Andrew issued proceedings
for Mr Arthurs and obtained an offer of £60,000, which Mr Arthurs
was delighted to accept.
 |
Andrew Morgan says:
“Lung cancer claims can be very difficult and there is much
legal uncertainty as to what the Claimant must do to prove his lung
cancer was caused by asbestos exposure rather than anything else,
but where there is heavy asbestos exposure it is certainly possible
to prove such a case at trial.
"It is even possible to
obtain compensation when the employer could not have known about
the risk of lung cancer, as in this case, simply because the
employer must have been aware that they were exposing their
employees to some risk of injury to the lungs.”
|
For further information or if you have a mesothelioma
compensation claim, please contact
Andrew
Morgan on 020 7861 4036 or email
andrew.morgan@ffw.com
You can discuss your claim with
any member of our
mesothelioma compensation claims team on freephone 0800
358 3848, email personalinjury@ffw.com or
complete our short enquiry
form.