Asbestosis is Not Comparable to Pleural Plaques, Unite’s Lawyers Insist
Despite endeavours of insurers to avoid liability, an electrician has been given damages for asbestosis, which he contracted during the course of his employment.
The case pertains to Ken Morton, 70, who is suffering from this asbestos related illness after a long career during which he came under exposure to asbestos frequently.
Detailed investigations by law firm Thompsons Solicitors certified that he was exposed to asbestos due to the negligence of his employer Campbell & Isherwood Limited at different sites across the United Kingdom. Their insurers acknowledged that Campbell & Isherwood Limited had been negligent, but they refused any compensation following the House of Lords decision, which went against compensation to pleural plaques victims.
Thompsons however continued contesting, saying that asbestosis should not be put in the same category as pleural plaques. Their persistence paid dividends when the insurers agreed on a £5000 settlement before the trial began.
Paul Finegan said on behalf of the union Unite that the ruling on pleural plaques has significant consequences on other injuries related to work. It has allowed the insurers to counter argue that compensation should not be paid to workers with other asbestos-related illnesses. This problem had to be dealt with firmly to protect those with asbestos-related diseases and also to dissuade employers from exposing their workers to such risks. The Control of Substances (Hazardous to Health) Regulations set out what employers must do in order to manage the risks associated with the use of hazardous substances; click on COSHH courses for training which will enable you to put together plans to prevent and control these substances so that your business and your employees can work safely.
Thompsons Solicitors representative Joanne Candlish also commented that Morton’s case went to show how insurers were ready to use the pretext of the decision on pleural plaques of the House of Lords, in an attempt to avoid compensation for other conditions. The settlement with the insurers would provide Morton some solace as it opens the door for just compensation if his condition deteriorates in future.
