Gas contractor exposed to asbestos at work receives £35,000 compensation

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

Mr S’ working role

Mr S was contracted by the South Eastern Gas Network (as it then was) as a contractor to install new gas boiler systems in domestic properties.  Although Mr S was not an employee of the company he was treated as one for all intent and purposes and the company even went as far as inviting him to its annual Christmas parties.

As part of Mr S’ job he had to cut asbestos boiler flues down to length and then apply an asbestos putty to elbow joints that had to be fitted to the flue.  Mr S did not wear a mask when carrying these tasks out as his employer did not provide him with one, this constituted an act of gross negligence.

Mr S’ job exposed him to asbestos dust on a day-to-day basis.

Southern Gas Networks PLC was eventually taken over by National Grid Gas PLC, the Defendant to this claim.

Mr S’ asbestos related disease

Mr S recently started to notice symptoms of chest tightness, shortness of breath and tiredness.  Following hospital examinations to include x-rays and CT scans Mr S was diagnosed as suffering from diffuse pleural thickening, an asbestos related disease.

Mr S diagnosis was deemed to be the cause of his symptoms.

Mr S’ legal claim

Mr S instructed Boyes Turner to pursue a legal claim for compensation on his behalf.

The defendant denied causing Mr S’ disease, denied that it had been negligent to Mr S and also argued that Mr S was not owed any duty of care as he was not an employee of the company.

Arguments were put forward on Mr S’ behalf to state that Mr S was owed the same duty of care as any other employee in the firm and that the duty of care had been breached.  Mr S also relied on case law precedence to support this position.

The defendant however refused to enter in to any form of settlement with Mr S, instead preferring to deny the claim in its entirety.

Due to the complexities of Mr S’ employment history Boyes Turner issued and served Court proceedings and the matter proceeded through the Specialist Asbestos Division of the High Court.

Following the disclosure of various witness statements, medical evidence and other documentary evidence by Boyes Turner the defendant eventually decided to enter in to settlement negotiations with Mr S.

Initially the defendant offered Mr S £25,000 for his injuries. After much negotiation the defendant eventually offered £35,000 to Mr S in settlement of his claim, an offer Mr S decided to accept. 

Mr S has thanked Boyes Turner Solicitors for their friendly yet professional advice and assistance in pursing his claim and for not losing faith in achieving a successful outcome on his behalf.