Compensation Recovered for Employee Exposed Whilst Steam Cleaning and Sand Blasting | Fieldfisher
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Case Study

Compensation Recovered for Employee Exposed Whilst Steam Cleaning and Sand Blasting

Dushal Mehta
Dushal Mehta was instructed by Mr John Wisdom following his diagnosis with mesothelioma. Mr Wisdom was only able to recall being exposed to asbestos whilst employed by a company called Wilson & Wilson Limited between 1976 and 1983/1984.

Wilson & Wilson Limited was engaged in the business of steam cleaning, sand blasting and high pressure water work. Mr Wisdom was required to remove asbestos lagged pipe work from boilers from the old laundry premises. In addition, in the course of the sand blasting and high pressure water work, Mr Wisdom disturbed and damaged asbestos containing materials including the asbestos roof of premises. He also carried out repairs and replaced broken asbestos sheeting. He regularly had to attend customers' sites where he came into contact with asbestos dust.

Mr Wisdom initially worked for Wilson & Wilson Limited as an employee but latterly became a Director. This, he said, was in name only as the owner of the business required substantial capital which Mr Wisdom was able to put into the company. In exchange he was offered the position of Director. His day to day duties remained the same and for all intents and purposes he remained as an employee.

Dushal pursued a claim for Mr Wisdom but unfortunately Mr Wisdom died before his case was concluded. Dushal had to issue Court proceedings to progress the claim which was now brought by his wife and Executor to his Estate, Mrs Jennifer Wisdom. The owner of the Defendant company served a statement (after Mr Wisdom's death) to suggest that Mr Wisdom would not have been exposed to asbestos in any way and that he was responsible for health and safety when he took on the position of Director of the company. Dushal was unable to obtain any further witness evidence as the family did not have any contact details for any other employees of the company.

Despite the Defendant's statement, Dushal was able to secure Judgment for Mrs Wisdom shortly prior to a contested hearing in the High Court. The case was then set down for a hearing to value Mrs Wisdom's claim. This hearing was set down for 18 June 2015. 

Despite the Defendant's suggestion that Mrs Wisdom should accept a reduction to her damages to reflect the fact that her late husband had taken on the position of Director towards the end of his time with the company, Mrs Wisdom was still able to secure full damages prior to the hearing in the sum of £140,000. The case settled three days before the final hearing.

Mrs Wisdom went on to say:

"I would like to thank you for your help and support in dealing with my claim.  It was a difficult period in my life and of course Mr John's aswell. You handled everything with such kindness and thoroughness, which made a difficult process much easier. Your company can be very proud of your commitment to their clients. If I find myself having to recommend you, I will do it with pleasure."

Contact us

For further information about mesothelioma claims, please call Dushal Mehta on 03304606751 or email dushal.mehta@fieldfisher.com.

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