Successful claim more than three years after diagnosis
Ordinarily, you have three years from the date of diagnosis of an industrial disease, such as mesothelioma, to start a legal claim.
Mr O worked as a plumber for Bradford Council from 1981 to 1987. He was consistently exposed to asbestos during his employment, even though the dangers of asbestos were well documented by this time.
His work there was varied. He worked on houses, flats and bungalows carrying out small maintenance jobs including fixing leaks in bathrooms and renewing plumbing and heating equipment.
He often had to prise off asbestos from pipes and clean this up with a dustpan and brush, which circulated dust into the air.
He also had to remove fire-proofed boards to carry out maintenance work and asbestos soffits from the guttering.
His boss at the time gave a statement indicating that even though Mr O was in contact with asbestos, it was ‘only’ white asbestos and he thought that this was perfectly safe. Paper masks were provided in an attempt to reduce the likely exposure to asbestos.
Mr O suffered from the onset of symptoms of mesothelioma between 2007 and 2010. He noticed a pain in his abdomen and noticed a number of lumps under his skin. After an intensive medical investigation, a mesothelioma diagnosis was confirmed in 2010.
Unfortunately, no one advised him that he could claim for compensation at the time.
His condition suddenly worsened in late 2013 and he sadly passed away early in 2014. Under ‘normal circumstances’ the family would have been out of time to bring a claim.
The question was whether it was fair and just in all circumstances to expect the defendant to meet the claim on its merits, notwithstanding the delay in commencing the proceedings.
When considering the reasons for this delay, the judge considered the effect that the initial diagnosis had and the devastating effect of chemotherapy on Mr O.
He was an intelligent person who understood the possibility of bringing a claim, but wanted to focus on leading a normal life for as long as he could. This coincided with chemotherapy treatment which was unexpectedly positive, and even enabled Mr O to return to work. These factors, combined with the fact that he was only about 10 weeks beyond the time period for bringing a claim, weighed heavily in favour of the judge allowing an extension of time.
If you or a member of your family has been diagnosed with mesothelioma, but think that you have left it too late to claim, please contact us for further advice.
Contact our specialist asbestos and mesothelioma solicitors to find out more about whether you can make a claim for compensation.
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