Industrial Worker Injury Solicitor
Posted: January 26th, 2012
A retired BT Building Contract Manager has died shortly after commencing a claim for BT engineer mesothelioma compensation against his former employers.
Derek Butler (74) from Weston in Somerset was diagnosed with mesothelioma cancer earlier this year – an industrial disease which is caused by exposure to asbestos. At the inquest into his death, Assistant Deputy Coroner Dr Peter Harrowing heard from consultant physician Dr Justin Pepperell, who confirmed Mr Butler had died due to malignant mesothelioma.
The court was also read a statement written by Derek prior to his death in which the deceased explained that he had worked for British telecommunications from 1967 and, in 1980, had been promoted to the position of Building Contract Manager. His new role included preparing and remodeling buildings which were being transferred from mechanical to electrical telephone systems.
Although Derek´s major responsibility was in the remodelling planning, his work involved on-site supervision. While on-site – the statement went on to say – Derek was exposed to cables coated in asbestos and, despite the presence of plastic sheets, a significant volume of dust fibres were released into the atmosphere because of the scale of the project. This continued until Derek´s retirement from BT in 1996.
The inquest was also told that Derek had initiated a claim for BT engineer mesothelioma cancer after his condition had been attributed to his exposure to asbestos while working for BT and, summing up the hearing, Assistant Deputy Coroner Dr Peter Harrowing said: “Mr Butler did not work directly with asbestos but when working with BT and working with buildings which were remodelled it was likely he was exposed to asbestos during that work. I accept the medical cause of death as being one due to industrial disease.”
Posted: January 20th, 2012
A former BT worker´s hearing injury claim has been heard at Cardiff County Court after BT disputed whether their former employee should be entitled to a private hearing aid.
The claimant, identified only as Mr Dew, had worked for BT from 1981 until 2010 as an engineer and jointer, and alleged in his compensation claim for BT worker´s hearing injury that his need to wear a hearing aid had been brought forward by fifteen years due to being exposed to high-pitched tones while tracing, testing and installing BT telephone lines during his employment.
The former BT worker explained to Cardiff County Court that he had used an NHS issued hearing aid since December 2009 but found that it screeched whenever he placed his hand close to his ear. As it was necessary from time to time to manually alter the settings on the hearing aid, the high-pitched screech happened frequently and caused him discomfort and embarrassment.
Testimony given by a hearing expert on behalf of the claimant informed the court that former BT worker would be able to avoid his hearing aid problems if he were to use a privately purchased hearing aid with Bluetooth technology, which cost 2,395 pounds and had a life expectancy of five years. BT disputed this claim based on historical evidence of previous BT worker´s hearing injury claims the company has faced.
In August 2010 – in Watkins v British Telecommunications – BT had acknowledged that the green and unmodified yellow testing sets supplied in the past to telephone engineers presented a risk of injury and was a breach in their duty of care. This admission led to many loss of hearing compensation claims by former BT workers.
However, whereas subsequent BT worker´s hearing injury compensation claims were settled out of court, BT argued that the claimant in this case did not require a privately purchased hearing aid as an NHS supplied hearing aid should be adequate for his loss of hearing condition.
The judge at Cardiff County Court determined that the sum claimed by the former BT worker for his hearing injury was appropriate in the circumstances and – allowing for inflation, service charges, warranty charges and batteries – added 11,422 pounds special damages to the claimant´s general compensation for BT worker´s hearing injury of 7,950 pounds.
Posted: December 5th, 2011
A judge at Bristol High Court has awarded an interim payment of mesothelioma cancer compensation for BT Engineer who had worked for the telecommunications giant for 27 years.
Frederick Vincent (76) from Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he requires immediately, pending a full settlement of BT engineer mesothelioma compensation still to be determined.
The court heard how Frederick worked as an engineer for BT between 1962 and 1989 and regularly came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to telephone wires.
Frederick also explained that he worked in close proximity to asbestos-lagged pipe work and his exposure to asbestos had been a factor in his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.
The judge found against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of mesothelioma cancer compensation for BT Engineer. The money will enable Frederick to pay for private nursing care and equipment to aid him through the final stages of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.
Update February 2012: Sadly, Frederick passed away due to malignant mesothelioma cancer on January 31.
Posted: December 3rd, 2011
A judge at Bristol High Court has awarded an interim payment of compensation for mesothelioma cancer to a BT Engineer who had worked for the telecommunications giant for 27 years.
Frederick Vincent (76) from Torquay in Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he needs immediately, pending a full settlement of BT engineer mesothelioma compensation still to be determined.
The court heard how Frederick was employed as an installation engineer for BT between 1962 and 1989 and regularly came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to telephone wires.
Frederick also stated that he worked in close proximity to asbestos-lagged pipe work and his exposure to asbestos had been attributed to his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.
The judge ruled against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of compensation for mesothelioma to the BT engineer. The money will enable Frederick to receive private nursing care and equipment to help him through the final stages of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.
Update February 2012: Unfortunately, Frederick passed away due to malignant mesothelioma cancer on 31st January.
Posted: November 22nd, 2011
A retired National Hunt jockey, who suffered a toe injury when two wooden pallets fell and crushed his foot, has won his claim for farm injury compensation and been awarded 22,000 pounds for his injuries.
Jeff Kear (aged 54) had been working at the Stockland Lovell Equestrian Centre near Bridgewater in Somerset as an Equestrian Facilities Manager in March 2010 when the accident occurred. Two wooden pallets he was shifting across the farm slipped and landed on his left foot.
Despite seeking immediate medical treatment at the Musgrove Hospital in Taunton, the big toe on Jeff´s left foot became infected and the top of the toe had to be amputated. Jeff has been unable to work since the incident and can only walk short distances since the operation with the aid of a walking stick.
After seeking legal counsel, Jeff sued the Stockland Lovell Equestrian Centre for farm injury compensation on the grounds that he had not been provided with steel toe-capped boots to perform the task and that no risk assessment had been carried out to ascertain how the task could have been carried out more safely.
After talks between Jeff´s legal representatives and the farm´s insurers, agreement was reached that Jeff should receive a settlement of 22,000 pounds in respect of farm injury compensation.
Posted: July 9th, 2011
A chef, who contracted mesothelioma cancer after being exposed to asbestos in the oven linings of the Italian restaurant in which he worked, has received a six-figure mesothelioma cancer compensation settlement from his former employers.
Luigi Pes (60) of Salisbury, Wiltshire, had been employed in the La Gondola Restaurant throughout the 1980s as a pizza chef for the restaurant. During his employment at the restaurant, he was exposed to asbestos both in the linings of the ovens and in the ceiling of a storeroom.
In February 2008, Luigi was diagnosed with mesothelioma cancer – a fatal cancer of the lining of the lungs which is caused by the inhalation of asbestos fibres. After seeking legal counsel, he brought a mesothelioma cancer compensation claim against his former employers, claiming that were to blame for the working conditions that made him terminally ill.
In his legal action, Luigi also claimed that he was never given any warnings about the dangers of working in an environment which contained asbestos nor provided with any personal protective equipment.
His former employees accepted liability for his injuries, and agreed a six-figure compensation payment which was settled out of court.
Posted: July 7th, 2011
A joiner from Leeds, South Yorkshire, who was diagnosed with mesothelioma cancer after working with asbestos in the 1990s, has won his battle to secure mesothelioma injury compensation against his former employers.
Stephen Adkin, aged 54 of Kippax, Leeds, was diagnosed with mesothelioma cancer in May 2010 after years of being exposed to fatal asbestos dust while working for Leeds company Nova Display Ltd. His duties while working for the company involved the removal of asbestos floor and ceiling tiles from local shoe shops and, he also claimed in his action against his employers, he was present in the company´s factory when repairs where being made to their corrugated asbestos roof
Stephen had been employed by the company from 1996 until his diagnosis last year, but his terminal condition has meant that he is no longer able to work, perform tasks around his home or play with his grandchildren. After seeking legal counsel, Stephen claimed mesothelioma injury compensation against Nova Display Ltd.
The case was due to be heard before Judge Shaun Spencer QC at London´s High Court last week, but at the last minute the judge heard that an out of court mesothelioma injury compensation settlement had been reached. Insurer´s for Stephen´s former employers have agreed to pay a total of 372,000 pounds – a sum which Judge Shaun Spencer QC described as “a satisfactory outcome”.cribed as “a satisfactory outcome”.
Posted: June 23rd, 2011
A refuse collector from Rochdale, who sustained permanent hearing damage after working alongside noisy bin lorries and recycling machinery, has been awarded 8,250 pounds in loss of hearing compensation.
Graham Wild (50) from Middleton, Rochdale, helped keep the streets of Rochdale clean of rubbish for more than thirty years. During this time he was exposed to noise levels of 90dBs – higher than the health and safety limit of 85dBs that was recognised in the late 1980s.
It was only when he took a free hearing test that it was revealed that Graham had a mild noise-induced hearing loss and tinnitus. He now has to wear hearing aids in both ears and suffers from a lack of sleep due to the high-pitched ringing in his ear.
Alleging that he had never been advised of the dangers associated with loud machinery or provided with any personal protective equipment, Graham sued his employers – Rochdale Council – and, in an out-of-court settlement, was awarded 8,250 pounds.