Electrician Suffering from Asbestosis Awarded Out of Court Settlement
A 70-year-old electrician, Ken Morton, working for Campbell & Isherwood Limited was awarded damages for an asbestos-related illness.
Despite attempts of the company’s insurers to avoid being held accountable, Unite’s lawyers Thompsons Solicitors had proof that the electrician had been exposed to asbestos by the negligence of his employers Campbell & Isherwood Limited. He was diagnosed with asbestosis and a 2 or 3 percent disability in 2006 when working across different sites in the
The company was found responsible for failing to fulfil their duty to ensure Morton’s protection from the harmful effects of the substance. Even the insurers admitted as much, but, after the House of Lords ruled out the award of any compensation to victims of pleural plaques, they refrained from paying any compensation. Health and safety training is essential; for managers and supervisors, a NEBOSH Distance learning course from Workplace Law offers a unique web-based training platform that leads to the award of the NEBOSH National General Certificate in Occupational Safety and Health.
However, the law firm refused to see asbestosis and pleural plaque as falling in the same category and based their argument on facts from this case that it was a disease, which entitled compensation. Thompsons stuck it out and pursued the matter diligently until a settlement with the insurers was arranged for £5,000, shortly before the commencement of the trial. Paul Finegan of Unite said that the House of Lords judgment could have a negative impact on various work-related injuries, because insurers would try to sidestep liability and avoid compensation. He said that companies should not adopt a casual approach towards the lives of their workers or be permitted to violate the rights of their employees.
Thompsons Solicitors’ Joanne Candlish stated that the case showed how the insurers attempted to twist the decision to get around paying compensation for different types of claims. She feels that the provisional settlement will allow Morton to be guaranteed that in the event that his disease gets worse, he will be prepared financially, and more compensation will follow.
