Claiming for benign asbestos-related diseases

There is regular media coverage about individuals who have contracted mesothelioma bringing an injury claim against a former employer for their exposure to asbestos and its severe impact on their health.

What is less known is that it is possible to bring a claim when a benign asbestos-related disease, such as asbestosis, is diagnosed and to accept a provisional settlement which leaves the door ajar for an enhanced claim if the condition should worsen or develop into something else.

Ashtons Legal client Michael Galea, a Norfolk pensioner, was diagnosed with asbestosis in November 2021. Asbestosis is a serious lung condition caused by long-term exposure to asbestos. When asbestos dust is inhaled, fibres enter the lungs and prolonged exposure to high doses of asbestos fibres can cause asbestosis. Following Michael’s diagnosis, Ashtons Legal has successfully obtained a five-figure settlement on his behalf.

Michael had previously been diagnosed with pleural plaques, an asbestos-related condition but not one for which a claim can be brought, in 2017. Pleural plaques are a type of scarring on the lungs that does not generally cause any respiratory problems. Nevertheless, it is an asbestos-related condition and, therefore a marker for previous asbestos exposure.

Michael left school in 1969 and began a heating and ventilating engineering apprenticeship with the London Borough of Croydon. Much of his work took place in plant rooms and boiler houses where asbestos lagging, generally in a poor state of repair, was used to insulate pipe work.

He often found himself working alongside laggers who mixed asbestos powder with water and then applied it to the pipework. He recalls wrapping a rag around his face and nose in an attempt to limit the amount of asbestos dust he breathed in. Boiler rooms and plant rooms were often confined places; there was no artificial extraction or ventilation, which might have reduced the amount of asbestos dust in the air. He says working alongside laggers was ‘like working in an asbestos snow storm”. The nature of his work installing and repairing valves on pipework meant that he disturbed asbestos lagging as he worked.

Michael had a brief break from this work in the mid-70s but worked predominantly in this environment for a period of around 15 years. Many of the Borough’s premises he worked in contained asbestos, including schools, libraries and offices.

Martyn Hayward, an asbestos-related disease specialist at Ashtons Legal, has represented Michael since he instructed Ashtons Legal in 2021, after his diagnosis. Martyn comments:

“The London Borough of Croydon initially denied liability but, following a period of negotiation, made an offer which Mike accepted. Victims of benign asbestos-related diseases have the option of settling their case on either a provisional basis, or accepting a full and final settlement.

Agreeing to settle provisionally means that, in effect, the Court door is ‘left ajar’ should the sufferers condition worsen, or indeed if he goes on to develop a more serious asbestos-related disease, such as mesothelioma. This option is also open to a sufferer’s next of kin or personal representatives of his (or her) estate in the event that their condition leads to their premature death.

Settling on a full and final basis means that the sufferer may receive slightly more compensation but the option to go back to Court should a more sinister condition develop is taken away. Mike has settled his claim on a provisional basis, with agreed return conditions.”

Ashtons was also able to assist Michael in his application for the benefits to which he was entitled following his diagnosis of his asbestos-related disease. He now has the peace of mind that should his condition worsen or develops one of the other asbestos-related diseases he can return to Court for further damages without the burden of proving liability.

Contact our personal injury solicitors today

If you believe we can assist you when pursuing an Asbestos & Mesothelioma claim, or simply wish to talk about exposure to asbestos, please get in contact with us on 0330 404 0777 or email enquiry@ashtonslegal.co.uk and speak to one of our asbestos disease specialists, Andrew Wilson, Louise Westby or Martyn Hayward.

Our experienced team of lawyers will be able to offer advice and guide you through every step of the claims process, and our in-house rehabilitation coordinators can help to support you through your recovery.