Asbestosis claim win for pleural plaque victim – third times the charm?

A five figure asbestosis claim win and the chance to return for more compensation in the future has helped a former Cape worker secure peace of mind.

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Asbestosis Claim

Our client Mr W was born and brought up in the Watford area close to Vicarage Road, home of Watford FC. He had worked for Cape in Watford as a younger man in the 1960’s for about a year. His work as a heavy moulder involved taking off wet asbestos sheets which were then moulded onto the corrugated moulds for making roof sheeting. He would also trim and tidy up the edges to make sure they fitted properly into the moulds.

These sheets can be seen on thousands of buildings even now.

He was exposed to asbestos cleaning the mixing bowls and helping out on the mixing floor.  He would handle hessian sacks of asbestos. Break times were taken sitting on these sacks.

What happened the first time?

He first approached Corries in 2007 after a diagnosis of asbestos pleural plaques.  At that time judgement by the House of Lords to see if compensation for pleural plaques would be restored was awaited.

Sadly the law lords ruled against asbestos compensation for pleural plaques. Mr W’s file, like many others, went into our storage system.

Asbestosis – what happened the second time?

A Ministry of justice scheme was developed in 2010 and we tried to make a claim for Mr W.  Sadly his claim had come too late after the original compensation was stopped. This claim too was rejected.

However, as part of Corries investment in our pleural plaques scheme we kept Mr W on our register.

asbestosis

Asbestosis was the claim for a former Cape worker who made corrugated sheets

We kept in contact with Mr W as part of our PLEURAL PLAQUE REGISTER.

Third time lucky?

In 2016 Mr W contacted us to confirm that his doctors said his condition had been developed. He was suffering with breathing problems.

We got onto the case straightaway.

Asbestosis -what did we do then?

We got his papers out and looked at his extensive statement and the documents. We compared them to the updated position.  It was clear that he did not have simple pleural plaques anymore. He had asbestosis and it was causing some of his disability. Because we had this information we could make the claim and informed the defendant we were seeking compensation.

We instructed an expert doctor in asbestos disease. He confirmed that 10% of Mr W’s disability was due to asbestosis.  He noted lifetime risks of developing pleural thickening and malignant diseases such as mesothelioma and lung cancer.

We put the case to the defendants, Cape.

Did the asbestosis case settle quickly?

In this case it did not. The defendants did not appear keen to accept the claim and wanted to get their own evidence and to review the medical records.  This took a long time. Eventually after we kept chasing them they made an offer. We rejected that and went back and got Mr W an extra 10% on top.

The settlement on a provisional damages settlement means Mr W and his family can come back if his condition gets worse –  or if he develops malignant disease due to asbestos.

Case comment

Corries Maria McMurray who handled the file said

“I am really pleased we stuck at it for Mr W. Third time was not lucky but he now has recognition of his disease. For the vast majority of pleural plaques victims gladly they will not go on to develop any further or worsening asbestos disease. Because we have the register we are primed to help – and quickly.

Unfortunately Mr W has developed asbestosis.  He cannot get rid of this.  His risk of developing malignancy is a small risk. However he knows work mates who have sucffered asbestos cancer. That must prey on your mind.

As a result of this win he is doubly protected. Firstly he has a sum of money now to help him with his immediate day-to-day needs. In addition and importantly he has the safety net of the provisional damages order that we have secured.  If he ever gets the worst of news he can be sure that is family is protected. We will make sure of that.”

asbestosis pleural plaques

Our pleural plaques register is helping many every year

Asbestos Pleural Plaque Register

This case shows the importance of Corries pleural plaque register.  For asbestos victims it is always better to have someone in your corner and ready to act.

If you know some with pleural plaques who has not had compensation they can join our register for FREE. Joining is simple and has many benefits. Click this link

for more information.

If you know someone diagnosed with asbestos disease in the last three years or lung cancer that has not been blamed on asbestos then give us a call.  It’s FREE on 0800 083 7839. Our team will always talk to you and try and help if we can.

We are here to help we will do our best – that’s our promise.