Employee Suffering from Asbestosis Reaches Settlement with Insurers
Unite’s lawyers, Thompsons Solicitors recently took up the case of a 70 year old electrician, who was found suffering from asbestosis contracted during work. Ken Morton, the employee, had contracted asbestosis to an extent of 2-3% disability, which was a direct result of his exposure to asbestos for about 30 years of his employment. The firm also found that he was negligently exposed to asbestos related risks by the employer, Campbell & Isherwood Limited, while working at different sites across Britain.
Morton has been awarded damages in the case, which had created much controversy. The insurers had declined payment of compensation on the basis of the decision of House of Lords, where compensation to victims of pleural plaques was denied. The decision was sought to be extended to other diseases caused by asbestos. The insurers however admitted that the employer was at fault for being negligent in providing sufficient protection to the employee.
Thompsons had taken the stand that the diseases pleural plaque and asbestosis were quiet dissimilar and hence, asbestosis could be compensated for even if pleural plaques was not. The stance gained ground days prior to the trial, when the insurers agreed to make a provisional compensation of 5000 pounds, which in turn would ensure that the employee had enough resources for his treatment as well as had a scope for more compensation in the future if his situation deteriorates or if he ails from a related disease.
The spokesperson on behalf of Unite, Paul Finegan, pointed out that the decision had serious consequences that could be used in other forms of employment injuries and diseases. It had enabled the insurers to attempt escaping liability for a variety of work-related diseases. He also referred to the necessity of finding a solution to this problem before it gives a free pass to the employers to play with the lives and health of workers recklessly. Health and safety training is essential; for managers and supervisors IOSH training is designed to provide you with the knowledge to manage safely and effectively in compliance with both your organisation’s policy and best practice in health and safety, click on IOSH Distance Learning for info on a tailored course to suit your needs of your team.
Another member of Thompsons Solicitors, Joanne Candlish, suggested that the case makes it clear that the insurers are ready to use the decision to their advantage. They would attempt to escape liability of payments in a number of claims arising out of employment injuries and other risks. This would thereby, infringe upon the rights of employees to a safe and risk-free working environment as well as deprivation of compensation for breach of such right.
