Asbestosis Sufferer Wins Damages

An electrician has received damages after he developed an asbestos-related disease as a result of being exposed to the deadly substance in the course of his work.

Ken Morton, 70, developed asbestosis after a 45-year career as an electrician. He was exposed to asbestos whilst working on various jobs between 1954 and 1983. The condition has left him with shortness of breath and if he catches a cold, it can last for weeks.

When he brought a claim for compensation against his former employer, the company’s insurers admitted liability but refused to pay compensation. They relied on a recent decision of the House of Lords concerning pleural plaques. Pleural plaques are a form of scarring of the lungs caused by their being penetrated by asbestos fibres. Since pleural plaques do not themselves cause any physical symptoms, the House of Lords ruled that compensation was not payable to people who have developed them as a result of exposure to asbestos at work.

The question in Mr Morton’s case was whether asbestosis is similar enough to pleural plaques to be covered by the same ruling. It was argued that asbestosis is sufficiently different and, just four days before the case was due to go to court, the insurers agreed a provisional settlement of £5,000.

If Mr Morton’s condition should worsen in the future, he will be able to claim an additional amount.

Asbestosis normally affects people who have been exposed to asbestos for long periods of time. The main symptom is shortness of breath, which may be accompanied by chest pain and a cough. Asbestosis sufferers have an increased chance of developing lung cancer as well as other respiratory conditions.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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