Joiner wins £175,000 claim for mesothelioma
Working as a joiner in the 1970's should have been a safe occupation, but for this man it caused him to be exposed to asbestos dust and fibres which led to him being diagnosed with mesothelioma.
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Case details
Initially he began to feel short of breath and felt occasional pain in the left side of his chest. He also suffered with an intermittent fever and a dry cough. As part of his treatment he was given a lung biopsy, or thoracoscopy, as well as radiotherapy. He delayed chemotherapy as he wanted to try alternative therapies first which he believed would give him a better quality of life.
Eventually he had chemotherapy treatment and suffered the severe nausea associated with it as a side effect. Unfortunately two years after starting treatment his illness spread to his liver and bones and he was given a short life expectancy as the disease became more serious.
With support from his legal team he received payments from the insurance company, but importantly these were not just at the end of his claim. £50,000 was obtained as what is called an interim payment, where even though the claim was ongoing the money was released so he could start to benefit from his compensation.
The alternative treatment was claimed for, which the legal team argued was fair as it had extended his life and made the side effects of chemotherapy and the impact they can have be delayed as long as possible. His future earnings were also included in the claim, as he would have been able to work for a while longer had the illness not happened.
In total he received over £175,000 in compensation. The compensation could not cure him of his disease, but it did help pay for him to enjoy his life more and for longer than otherwise he would have been able to, as well as give him the peace of mind that his family were cared for properly.
Read more: industrial disease compensation claims
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Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.