Smoker Receives Reduced Settlement for Asbestos Injury

Smokers may not realise that, in addition to the health risks associated with smoking, their habit could lead to them receiving a lower award for damages if they make a personal injury claim relating to diseases affecting the lungs (e.g. as a result of exposure to asbestos).

A recent case illustrates how this may occur. A man who had been a heavy smoker sued his employer for damages after he developed respiratory problems caused by exposure to asbestos. His compensation award was calculated in the normal way and included a computation of damages for loss of future earnings. However, a reduction of 15 per cent was made to the damages awarded on account of the man’s contributory negligence and the likelihood that his future earnings would have been reduced anyway because of the probability that his smoking habit would have led to a reduction in his earning capacity in the future, even if he had not been exposed to asbestos.