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We were instructed by Mr Edwards to investigate a claim for compensation following his diagnosis of an asbestos related disease. 

Exposure to asbestos

Mr Edwards worked as an electrician for Holliday Hall Limited between 1958 and 1964/65 and for Emcor Group (UK) Plc (formerly Drake & Gorman (Contractors) Limited) between 1966/67 and 1971/72. 

Mr Edwards described that he was exposed to asbestos dust whilst regularly working in boiler and plant rooms which were lagged with asbestos.  He would have to remove the asbestos to gain access to control panels and sensor detectors and worked in close proximity to laggers as they applied asbestos lagging. 

Mr Edwards also described cutting holes into wall partitions and ceiling tiles to pass cables through and sweeping up asbestos dust after every job.  He also used asbestos cloth to wipe down solder joints on mains cables.

Asbestos disease diagnosis

Mr Edwards’ exposure to asbestos dust was similar with both defendants and as a result of his exposure to asbestos he developed asbestos related diffuse pleural thickening and asbestosis. 

I obtained an opinion from a medical expert specialising in asbestos disease claims who confirmed Mr Edwards’ diagnosis of asbestosis and asbestos related diffuse pleural thickening.  However, his evidence was not accepted by the Defendants solicitors and they obtained their own medical evidence.  The medical experts then prepared a statement setting out their opinion on Mr Edwards’ diagnosis.  They confirmed that he had a 20% respiratory disability as a result of his asbestosis and asbestos related diffuse pleural thickening and that his asbestosis was likely to increase by 10%.

Settling the asbestos claim

Mr Edwards’ instructed us that he wished to settle his claim on a provisional damages basis.  This means that should he go on to develop mesothelioma, asbestos related lung cancer or a deterioration in his condition he will be able to return to Court for further damages.

A Provisional Damages Order is a bit like an insurance policy.  It is there in the event that the worst case scenario occurs, but still compensates the individual for the diagnosis of their present asbestos related disease.

Mr Edwards continues to work as an electrician as and when he is able to do so and he is expected to continue to work for as long as his asbestosis allows him to.

I was very pleased to reach a provisional damages settlement on behalf of Mr Edwards.