To many the settlement of a compensation claim is closure. For some, an admission of liability is the most important result, while for others the money received allows for different treatment options and an easing of financial burdens. Jerry’s* original claim for compensation arising from his pleural thickening condition settled in July 2012, and provided a bit of both. However, it was never really the bookend to his story of seeking compensation for his occupational exposure to asbestos, as he was later diagnosed with asbestosis and returned for further compensation. Circumstances of asbestos exposure Jerry was employed by William Freer Limited between 1957 and 2000. By 1990 he had climbed the managerial ladder to the position of supervisor and was no longer on the tools. Once a supervisor, Jerry spent most of his working days travelling between different worksites and supervising staff members. Between 1957 and 1990 Jerry worked on various plumbing sites. His role with the company evolved from an apprentice to a qualified plumber, and then after a few years to charge hand/foreman. The plumbing jobs he worked on were predominately industrial and commercial buildings including but not limited to schools, colleges, universities, retail stores and Ministry of Defence units. Working with asbestos lagging was commonplace for Jerry, with the solidified layering being found on boilers and pipework. A hammer was Jerry’s tool of choice to break through the lagging to access pipework, with a knife or chisel then being used to scrape the remainder of the lagging away. Asbestos dust would spread quickly throughout the entire area Jerry would be working in, resulting in him being left dusty and dirty. Jerry recalled that when caught in the right light the asbestos dust would twinkle in the surrounding air. A cruel irony considering Jerry’s future development of deadly health conditions as a result of the glistening dust. Asbestos tiles would also be removed on some job sites. Jerry recalled a lot of the schools he worked at doing extensions, meaning that old ceiling tiles would need to be pulled down and disposed of. To remove the tiles, either Jerry or other ceiling fixers on site would need to cut into the tiles. Jerry would often either drill into the ceiling titles or would use a hacksaw to cut into them. This process would result in further exposure to asbestos dust, with any settled dust being stirred up when the ceiling tiles would fall onto the ground below. Jerry was not provided with any protective equipment until his later years with the company. No masks were used and Jerry only started to learn of the dangers of asbestos in the late 1980s. By that time, Jerry was moving into a different stage of his career, having already had countless years’ worth of exposure to asbestos. Onset of symptoms Jerry’s life post his pleural thickening diagnosis in 2010 was relatively normal. COPD diagnosed at the same time as his pleural thickening resulted in him taking a cocktail of medication for a short period, but neither condition impacted his ability to complete domestic chores such as gardening or catching up with friends at the rugby. Jerry had contacted Boyes Turner and a claim was pursued against his former employers which resulted in a provisional damages settlement being agreed in July 2012, with the terms of such settlement enabling him to return for further compensation in the event of a deterioration of his pleural thickening or in the event of a new asbestos-related diagnosis, such as mesothelioma, asbestos-related lung cancer or asbestosis. The settlement terms were encompassed in a court order for Jerry’s peace of mind. He knew that he can essentially re-open his case in the event of a new asbestos-related diagnosis or a deterioration of his existing condition. Towards the end of 2022, he experienced noticeable shortness of breath. Household chores such as hoovering and cleaning were taking much longer and meant that he was taking more frequent breaks. These issues continued for a few more weeks, and Jerry’s walking tolerance decreased drastically. One day in mid-November 2022 Jerry’s breathing was particularly bad, and coupled with chest pain and palpitations lead to an urgent trip to hospital. This stay ended up lasting one week, with Jerry’s hospital notes detailing an admission due to pleural thickening and suspected asbestosis. Recurring chest infections resulted in further investigation including x-rays and a CT scan. Upon being discharged, Jerry was told that he likely had asbestosis. Attendances in the respiratory clinic in March 2023 meant further CT scans and a lung function test were scheduled for August 2023. These tests eventually confirmed that Jerry had developed asbestosis. The claims process Having been diagnosed with asbestosis, Jerry got back in contact with Boyes Turner in late September 2023 to discuss his options and whether he was entitled to further compensation. Melloney and her team took updated instructions from Jerry and started to strategise regarding the necessary evidence to re-open Jerry’s claim for compensation. Updated medical evidence and records needed to be gathered to ensure he was entitled to further compensation pursuant to the terms of the previous court order. The medical evidence obtained was supportive and therefore attention turned to valuing the asbestosis claim, which included taking a care statement from Jerry’s wife Mary, who was providing care and assistance to Jerry as a result of his asbestosis. Melloney corresponded with William Freer’s insurer to ensure all necessary evidence to support Jerry’s claim was provided, with settlement negotiations ultimately resulting in a further settlement for Jerry but this time on a full and final basis, which was Jerry’s preference for settlement this time. This means that he cannot reopen his claim again in the future and the future risks have essentially been bought off. Jerry is delighted that matters have been brought to another successful conclusion and that there is the finality of a full and final settlement on this occasion. Right from the first phone call I have received nothing but first class service, with politeness and helpfulness from the outset. Nothing seemed too much trouble. I would like to give my sincere gratefulness to Melloney, Beth and to all the staff for their kindness and understanding. *Names have been anonymised For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
