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A seventy-year-old employee, Ken Morton, who worked for Campbell & Isherwood Limited and was now suffering from asbestosis, was denied compensation on the basis of a recent House of Lords judgment on pleural plaques.

Having tested positive for asbestosis the case of Morton, an electrician by profession, was taken up by Unite’s lawyers, Thompsons Solicitors. They conducted extensive investigation into the case and found that the illness that .Morton was suffering from was directly attributable to the negligence of his employers who exposed him to asbestos for a long period of 29 years at various sites of his assignments in the UK.

The insurers admitted that the reported illness of Morton, serious to the extent of 2-3% disability due to continued exposure to asbestos in his 45-year-old service, was a result of negligence of employers. They however, denied that they were liable in accordance to the decision of the House of Lords to stop compensatory payments for cases of pleural plaques.

According to Joanne Candlish from Thompsons Solicitors, the case shows how the insurers are ready to misuse the House of Lords’ decision and even extend it to other diseases to escape liability. The situation had to be controlled before employers escape their responsibilities and risk the lives and health of their workers. The NEBOSH National General Certificate in Occupational Safety and Health (NEBOSH Certificate) is a qualification designed to help those with health and safety responsibilities to carry out their duties at work more effectively and to protect the organisations for which they work. Take a look at the course details for more info and to make sure you are aware of your responsibilities as an employer to keep you employees safe and protected.

Paul Finegan from Unite added that the decision has had its effect extending into other types of work related diseases as well. There was need for prompt action to be taken to protect the rights of the employees. The stance of Thompsons was that the two diseases are different from each other and hence, the decision would not be applicable in this case.

Thompsons succeeded in getting a provisional settlement for Morton to the extent of 5000 pounds from the insurers, even before the trial. The settlement provides compensation to Morton for his present condition. It also provides safety in knowing that more compensation will come if his condition becomes worse or if he is afflicted with other asbestos related illnesses.