Carpenter recovers compensation from successors to dormant company
He was regularly asked to cut corrugated asbestos sheets to size using a hand saw and he was not provided with any protective masks or clothing. He inhaled large quantities of asbestos dust. He had not been exposed to asbestos in any of his other jobs.
He contacted Fieldfisher following his diagnosis and it was clear at an early stage that the company Mr Wykes had worked for was dormant. The insurers could not be located for the period of time that Mr Wykes had worked for them.
We obtained a company search report which showed that L & A Freeman had in fact been taken over by the Taylor Wimpey group. Wimpey's initially tried to argue that they only took over the assets of L & A Freeman and they could not assist with any insurance information.
After further clarification was sought and documentation requested relating to the acquisition of the company the Wimpey group confirmed that the liabilities for L & A Freeman were transferred to them and they would act as the paymaster to the claim even though the insurers could not be located.
Dushal Mehta successfully concluded the claim for Mr Wykes without the need to issue court proceedings and Mr Wykes recovered full compensation at no cost to him.
After the case Mr Wykes said that he was happy with the speedy conclusion and received much more compensation than he expected.
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