5th September 2012
A man developed occupational asthma because he was exposed to fumes and dust at his workplace. Our specialist industrial disease team made a successful compensation claim on his behalf.
Our client fitted new tyres to large, commercial vehicles. The first steps in the process, before new tyres were put on, was to grind any build-up of dust and remove dirt from the wheels and then spray them with aerosol paint.
He was provided with a paper mask to use whilst working, but this was not sufficient to protect him and he could still smell strong paint fumes through it. There was also some extraction equipment, but the filter was not changed regularly and it was therefore not effective.
Over time our client began to suffer tightness in his chest, wheezing, shortness of breath and recurrent cough and cold symptoms. The symptoms were less severe at weekends and would become worse again during the week when he was at work. He was sent to hospital for tests and was diagnosed with industrial asthma, for which he was prescribed inhalers.
Because of his condition, our client could not continue in the same job role as before, as he has to avoid any contact with the paint that caused it. He is also now prone to chest infections.
We are experts in work-related disease cases and we acted for the employee in a personal injury claim against his employer, on the basis that they failed to protect him from the hazardous substances he was required to use.
They admitted liability for our client’s illness. An offer of compensation was then made, but it was not reasonable, so we advised our client to reject it and negotiated for an increase. We secured an increased offer and he received £7,500. This sum included amounts for his loss of earnings, the costs of prescriptions and his travel to medical appointments.
If you are suffering from asthma caused by your working conditions, you may be entitled to make an injury claim.
At The Legal Line, our solicitors are experts in all areas of personal injury and have decades of experience in recovering damages for the victims of accidents and industrial illnesses.
Contact us on 0800 0328511, or by completing a claim enquiry form online.