Personal injury advice from
Thompsons Solicitors
Group Claim for Employees With Work-Related Respiratory Illness
23rd May 2011
In a recent case our expert industrial disease lawyers recovered compensation for a large group of employees, who suffered respiratory conditions because of exposure to a hazardous substance at work.
Contaminated Metalworking Fluid
Our clients worked for an engine-making company. They began to suffer symptoms including shortness of breath, coughing, headaches and fatigue, which improved with time away from work but became worse when they returned. They were diagnosed with intrinsic allergic alveolitis and occupational asthma.
This outbreak of illness prompted an investigation into their working conditions and it was found that the metalworking fluid used in many of the machines at their workplace was contaminated with bacteria and endotoxins. In the course of operating the machines, some of this fluid was released into the work environment as a mist and was subsequently inhaled by the workers.
They had previously complained to management about the levels of mist and a strong, ammonia-like smell, but no action had been taken.
Multi-Party Compensation Claim
Our specialist personal injury lawyers assisted the employees in a group compensation claim.
The Defendants denied that they were responsible at first, stating that they had a system in place of regularly testing the fluid and the results did not show anything harmful. We instructed an expert to create a report on the testing however and gaps were found in their regime. Some fluid systems were not tested at all and other testing was not sufficiently thorough and failed to detect the endotoxins altogether.
Other experts we appointed also demonstrated that the employer failed to carry out adequate risk assessments for the processes involving the metalworking fluid, and they were in breach of the COSHH (control of substances hazardous to health) regulations designed to protect the health and safety of employees.
After our evidence highlighted these failures the other side agreed to negotiate a settlement for each of the employees involved and a total of just under £1million was paid to them in damages.
The HSE has also now altered the guidance it provides in respect of the use of metalworking fluids.
Industrial Disease Claim Advice
If you are suffering from a work-related illness, you may be entitled to compensation. Our lawyers have extensive experience in personal injury and industrial disease claims and we can provide you with expert legal assistance.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for cost-free, confidential advice on your potential case.
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