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Case Study

Asbestosis sufferer claims compensation from NHS and County Council

Andrew Morgan pursued an asbestosis compensation claim for Thomas who was exposed to asbestos while working at a hospital. Thomas accepted £38,000 compensation for his injuries.Thomas was exposed...

Andrew Morgan pursued an asbestosis compensation claim for Thomas who was exposed to asbestos while working at a hospital. Thomas accepted £38,000 compensation for his injuries.

Thomas was exposed to asbestos when he worked at Botleys Park Hospital, Surrey, between 1947 and 1952.  He was an apprentice plumber and was required to strip old lagging from pipework and to mix and apply fresh lagging.  As a result of this exposure Mr Redmond developed asbestosis which caused him increasing disability.

Andrew Morgan acted for Thomas and made a claim against Surrey County Council, to whom Mr Redmond was apprenticed at the start of this period. 

The Council responded that the NHS came into existence shortly after this apprenticeship began so the responsibility transferred from the Council to the local Health Authority. 

Andrew obtained records from the Botleys Park Hospital Management Committee dating from July 1948, when the NHS came into being, and was able to prove that the NHS had taken over responsibility for Thomas' apprenticeship and so he made a claim against the Health Authority as well.

Although liability was denied, Andrew negotiated a settlement of £38,000. Thomas was happy to accept this sum as compensation for his asbestosis.

At the end of the case, Thomas said:

"I would like to thank Andrew Morgan for all of the advice and guidance he gave me in dealing with my case. He always kept me informed and aware of proceedings without any distress to myself.

"All of you and your colleagues time and effort has now given me the strength to deal with the future and my wife and children thank you for that."