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Boyes Turner LLP were instructed by Mr A following his diagnosis of an asbestos related pleural disease. 

Mr A’s employment history

Mr A was employed as a machine operator cutting sheets of asbestos using an electrical power saw. The sheets were then drilled and screwed onto wooden doors so they could be used as fire doors. His work equipment was fitted with no extraction fans and he was provided with no personal protective equipment, such as a mask, to protect him from the harmful effects of asbestos.

The dust generated from Mr A’s work was so substantial that the other workers in the factory, who were producing the wooden doors, complained to their employer. As a result of the complaints Mr A’s employer built a small wooden frame around Mr A’s work station and then sheeted over the frame in polythene, which in effect cocooned Mr A in a tent like structure. The tent had the desired effect of preventing the escape of dust into the main workplace, but meant Mr A was trapped inside the tent with no chance of escaping the asbestos dust at all.

The dust was so severe that Mr A’s employer referred to him as “the snowman” as he would be covered from head to toe in white asbestos dust at the end of each working day.

Boyes Turner’s investigation of the claim

Following Mr A’s diagnosis with an asbestos related disease he contacted Boyes Turner to investigate a claim for him.

Mr A’s employer was no longer trading and had been removed from the register of companies making investigation of the claim difficult. Boyes Turner’s specialist team of industrial disease lawyers set about the painstaking task of obtaining witness evidence, compiling documents and tracing the companies previous employers liability insurer. 

The defendant insurer considered Mr A’s claim and denied liability for Mr A’s disease. They also attempted to argue that the claim had been pursued out of time and was statute barred. Additionally the defendant insurer attempted to argue that Mr A was not in fact suffering from an asbestos related disease, despite Mr A’s treating hospital consultant having previously diagnosed him as suffering from pleural thickening, an asbestos related disease.

Boyes Turner did not accept the denial of liability, believing Mr A’s case had good prospects of success, and restored the defendant company back to the register of companies so proceedings could be issued against it in the High Court.

Settlement of Mr A’s claim

After a lengthy legal battle the defendant, via its insurer, eventually conceded that Mr A’s claim was not time barred. The defendant insurer however refused to accept that any asbestos related disease had been suffered or that it had been negligent to Mr A.

Due to the Defendant insurers denials Boyes Turner prepared themselves for a full trial in the High Court.

Just a few hours before Mr A’s claim was to be heard in the High Court the defendant insurer entered into a settlement with Mr A in the sum of £58,050.

Mr A was delighted with the outcome of his claim and thanked Boyes Turner for its perseverance when faced with such a defensive opponent.

Boyes Turner’s specialist asbestos disease lawyers

Boyes Turner are one of the largest legal services providers in the Thames Valley and operate one of the largest specialist industrial disease teams in the country.

Boyes Turner pride themselves on ensuring justice is obtained for victims of asbestos, such as Mr A, who have been injured due to no fault of their own. The success in cases like Mr A’s conforms with Boyes Turners ethos of obtaining justice for asbestos victims and ensuring they are properly compensated for their injuries.