4 results found
An electrician has been awarded damages for an asbestos-related illness, despite attempts by insurers to avoid liability. Ken Morton, 70, was diagnosed with asbestosis with a 2-3% disability in 2006 after retiring from a 45-year career where he was exposed to asbestos on a regular basis. Investigations by Unite's lawyers, Thompsons Solicitors, proved he was negligently exposed to asbestos, working for Campbell & Isherwood Limited, during various periods from...
Case | 19 Jun 2009
...ider making reasonable adjustments for all employees with caring responsibilities. 11641 A landmark compensation case brought by sufferers of the asbestos-related condition pleural plaques has been lost. The Court of Appeal ruled that pleural plaques was not a disease itself (though it can lead to asbestosis and mesothelioma) and, because there are no symptoms, should not attract compensation. 11769 because the tribunal concluded that the reason for the less favourable treatment was the untidiness of his hair, no more. Mr Harris also alleged indirect discrimination on the basis that the criterion of t...
Magazine issue | 8 Nov 2007
... webinar, a viewer raised the question as to whether the new Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) could be applied to situations where a worker had died as a result of an asbestos-related disease. There are four main diseases associated with exposure to asbestos materials: asbestosis (a scarring of the lung tissue caused by asbestos), two kinds of cancer (Mesothelioma and asbestos-related lung cancer), and diffuse pleural thickening (a non-malignant disease affecting the lung lining). The latest figures from the HSE in 2006 indicate that the annual number of www.workplacelaw.ne...
Magazine issue | 1 Sep 2009
...ne employer who significantly increased the risk of them getting mesothelioma. KM: The case refers to a divisible and an indivisible injury ... RD: An illness is indivisible in that it's either present or absent, with no degree of severity in between. A divisible injury is, for example, the disease asbestosis. Basically, with asbestosis the person's lungs get clogged up with asbestos. The more asbestos they get in their lungs the greater their likely disability. With mesothelioma that's not what happens. You've either got mesothelioma or you haven't, and it always leads to the final thing, which is dea...
Magazine issue | 1 Feb 2008