Successful compensation claim for man exposed to asbestos whilst self-employed and whilst an employee of PVH

Boyes Turner’s specialist industrial disease lawyers were instructed in October 2007 by a man who had been diagnosed with an asbestos related condition.

His exposure came about during his employment with Potteries Ventilating & Heating Company Limited, in particular during a two year period when he was required by PVH to work at the Armitage Shanks factory on secondment.

There he was required to dismantle exhaust ducts which were insulated with asbestos lagging in the pottery kilns. He had asbestos exposure as a result. He also worked regularly with asbestos rope during his employment with PVH, which similarly brought him into contact with asbestos dust and fibres.

Thereafter, he had exposure to asbestos during a period of self-employment. The asbestos sheeting he worked with was provided by Turners.

Initially, we were unable to trace PVH or their insurers and we set about submitting a claim for our client to the T & N Trust in respect of the exposure he had during his self-employment.

We continued in our efforts to trace the insurers for Potteries Ventilating & Heating Company Limited, which eventually were successful. We then set about submitting a claim to the insurers for PVH, given that we had supportive medical evidence by this stage. Unfortunately the insurers for PVH were very slow to deal with the claim and we therefore issued court proceedings to progress matters.

About six weeks before the listed trial the solicitors for PVH’s insurers made an offer to settle the claim, despite liability never having been admitted.

This resulted in a successful claim for compensation for our client against both his former employers, PVH, and against the T & N Trust scheme in respect of his self-employment.

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