Asbestos Related Illnesses

A Didcot man who has developed asbestosis, has won an out of court settlement against his former employers and won the right to make further claims should his condition deteriorate.

Didcot

Barry Jones, age 70 of Hayden Road, Didcot worked for L.R. Burrows, an  insulation engineering company, now based at Landport Road, Wolverhampton. He joined the company in 1956 and left after three years. He rejoined the business in 1965 but left a year later.

Mr Jones was awarded provisional damages of £30k with the right to take further legal action should his asbestosis develop into a more serious illness, such as lung cancer.

His solicitor, Brigitte Chandler, a leading expert in industrial disease, at  Wantage law firm, Charles Lucas & Marshall and who has represented many hundreds of workers exposed to asbestos over the last 30 years, says Mr Jones was extensively exposed to asbestos during his time at the engineering firm.

“He had to mix up materials and big asbestos sacks would be delivered regularly,” she says. “He had to pour asbestos into a drum and mix it with water. It would then be spread by hand over the boiler, like plaster.

“Mr Jones worked at a number of different companies in Wolverhampton doing this insulating work on behalf of L.R.Burrows, including Goodyear, Lamp Black and Midlands Tar Distilleries.”

Mr Jones began to develop chest pains a few years ago and was diagnosed with asbestosis at the Churchill Hospital, Oxford.

“Unfortunately a large amount of asbestos was imported into this country in the 1960s and 70s and as a result, the number of people developing asbestos related illnesses is increasing constantly with numbers due to peak in the next ten to fifteen years,” says Brigitte Chandler.

“It can take up to 60 years following exposure to asbestos for an illness to develop. Anyone who is concerned about being exposed to asbestos and developing a respiratory illness should seek medical and legal advice and consider bringing a claim against their employer.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Swindon solicitor, Brigitte Chandler, has called for consistent legislation across the UK following today’s (12^th) decision in the Scottish courts which continues to allow people with an asbestos related illness to claim compensation.

Pleural Plaques

“It is ridiculous that we have one rule for Scotland and Ireland – and one rule for England,” says Brigitte Chandler, a solicitor with Charles Lucas & Marshall and one of the UK’s leading specialists in asbestos related litigation. “We are in an absurd position and the Government needs to recognise this.

Insurers had been trying to overturn the law in Scotland which allows people with pleural plaques, a scarring of the lungs, to claim compensation. Insurers had argued that the law was ‘flawed’.

However, the Scottish Court of Session today upheld the decision by the Scottish Parliament which allows people with pleural plaques to sue employers if they develop the condition due to exposure to asbestos at work.

While pleural plaques do not cause symptoms, they signal the presence of asbestos fibres that could trigger life-threatening conditions such as mesothelioma or asbestosis.

In October 2009, the Damages (Asbestos Related Conditions) Bill which aimed to allow people in England also to claim compensation for pleural plaques was passed by the House of Commons and sent up to the House of Lords. However, the Bill ran out of time during the parliamentary session – leaving thousands of claimants in limbo.

“We need consistency across Britain,” said Brigitte Chandler. “It is wholly wrong that someone living in Glasgow can receive compensation when someone else, living only miles away cannot.

“For many years people in England with pleural plaques, caused by exposure to asbestos, did receive compensation,” says Brigitte Chandler. “The decision by the House of Lords to over-turn this was an enormous blow.”

“We need to keep the pressure on the Government so that the issue does not go away. “We have a large number of clients with pleural plaques still hoping they can make a claim. Obviously, anyone with more serious asbestos related disease such as lung cancer, asbestosis or diffuse pleural thickening can bring a claim now.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk