Posted by Simon Elliman, Partner
Justice for family of George Taylor (Wolverhampton) construction worker
We were instructed by Mr H in March 2016 to investigate a claim for compensation arising from his diagnosis of lung cancer in January 2016.
Maggie Powell visited Mr H at his home on the 30th March 2016 by when he was extremely unwell. Maggie also met with his wife.
Very sadly Mr H died on the 21st January 2017 and we were instructed by his wife to continue with the claim.
Mr H spent approximately 5 years working for George Taylor (Wolverhampton) Ltd working on the telephone system which at the time was operated by the GPO. He was demolishing old manholes and building new ones around existing cables that were lagged with asbestos. On occasions the cables had to be removed which involved cutting through the lagging. He also worked in the telephone exchanges where asbestos products were widely used.
Mr H worked for a similar length of time for another company. It was a small building company and Mr H was one of the Directors and involved to some extent in all elements of the construction work. In view of his director status and responsibilities it was decided that a claim against that company was not viable. However his asbestos exposure would have been minimal and significantly less than his exposure was working for George Taylor (Wolverhampton) Ltd.
The claim was pursued against George Taylor (Wolverhampton) Ltd. In a lung cancer case the Defendant is liable to compensate a Claimant for the proportion of the Claimant’s asbestos exposure for which it was actually responsible. In the vast majority of cases apportionment between Defendants is calculated on a time basis. In Mr H’s case we successfully argued that George Taylor should bear the brunt of responsibility as Mr H’s asbestos exposure working for that company was far greater. The claim was finally settled for a sum in excess of £120,000.00 ,a sum equivalent to approximately 85% of the full value of the claim and approximately £50,000.00 more than if the compensation had been apportioned on a time basis.
Mrs H said “ Excellent service. Very caring at all times. As a family we will forever be grateful to Maggie Powell and her team. Not an easy claim. Thank you all.”
If you have been diagnosed with an asbestos related disease and would like further advice, please do not hesitate to contact us.
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