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Any Amount of Asbestos Exposure Can Now Result in Compensation

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Sufferers of asbestosis may now be entitled to compensation from negligent employers, the Court of Appeal has ruled.

Following last week’s landmark ruling, those who suffer from the condition which is caused by asbestos exposure, could now be entitled to proportional compensation from as low as 2.3%, although this is dependent on how many years the claimant has worked at the company.

The ruling states that even if the employer has not played a hugely significant role in the claimant contracting the condition, they may still owe them compensation.

This ruling is liked to Albert Carder, a retired electrician who suffered asbestos exposure at the University of Exeter where he worked.

His lawyers decided that although the exposure occurred earlier in his life, the university had been found to have contributed 2.3% toward the asbestosis.

Insurers of the university argued that the exposure to asbestos at the university did not make a “discernible difference to his condition,” while the ruling of the High Court found that the damage and injury was actionable, and stated that even though the university only made a small contribution to the condition, there was still a case to be made against it.

The Court of Appeal upheld the decision on appeal.

Overall damages awarded to Mr Carder for his total asbestos exposure came to £67,500, of which the university contributed £1,713.

John Hedley, Moore Blatch asbestos disease lawyer, represented Mr Carder in the asbestosis case and he commented: “This case has broader significance and could impact on a large number of other industrial disease and work related illness cases.

“The Defendant is trying to appeal again following the Court of Appeal’s decision so we would assume that the insurers believe the issue is important enough to invest significant sums in legal costs in trying to win.”

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BDC 316 : May 2024