Liam* was exposed to tuberculosis after a colleague was allowed to return to work despite being diagnosed with it. Liam suffered with tuberculosis which caused a worsening of kidney disease. We helped him secure compensation to make sure his family is financially secure now and in the future.
What happened to Liam?
Liam worked as a forklift driver at his former employer’s site in Banbury. He drove the forklift truck around the site, carried materials, and kept the site tidy and fully stocked.
Liam was informally put in charge of the other workers on the site. He would be told what needed doing that day and would make sure someone was completing the tasks.
He became friendly with another member of the team called Luke*. They’d chat before shifts and would spend their lunches in the cabin room chatting.
Luke developed a chronic cough a chronic cough. Luke’s coughing became worse and more frequent over the summer of 2017. He underwent tests and was diagnosed with tuberculosis (TB). He gave his diagnosis to his employer, but he wasn’t sent home and continued working.
In December 2017, Liam started coughing regularly and having flu-like symptoms. Liam also started experiencing shortness of breath and shivering.
Public Health England contacted Liam’s employer in January 2018, advising that anyone who’d had close contact with Luke would need to be tested for tuberculosis.
The following month, Liam was diagnosed with tuberculosis and was immediately signed off work. After going to the hospital because he felt unwell, he was told he also had abnormal kidney function, likely a consequence of having tuberculosis.
On the 23 February 2018, he was admitted to Heartlands Hospital and quarantined in a private room. His two children were unable to visit him in hospital and his wife also had to limit her visits.
His kidney function had dropped to a dangerously low level during this time. Liam was discharged on the 28 February and continued his recovery at home. He was prescribed strong medication for six months and his kidney function remained worryingly low.
Liam had to undergo two kidney biopsies during his treatment, and he was told that the tuberculosis had affected his kidneys. He was diagnosed with acute kidney injury because of the tuberculosis infection, and, in turn, this significantly worsened his underlying chronic kidney disease to the point that Liam is now likely to end up on dialysis.
How has this impacted Liam’s life?
Liam became lethargic and was unable to drive or leave the house at all. He felt like he’d lost his independence because his wife had to take care of him while he recovered.
The tuberculosis impacted Liam and his family financially as well. He had to take eight weeks off work, but his employer paid him in full for this time off. However, his wife had to take time off work to care for him, meaning she lost out on full pay.
Liam eventually had to leave his job and started working as a telehandler for a construction company.
When the COVID-19 pandemic started, he was made to shield because of his condition, which resulted in him being paid 80% of his wage.
Liam is now constantly in fear of getting a cold or flu-like symptoms because of the impact it could have on him.
How did Irwin Mitchell help Liam?
Liam came to our industrial disease team to claim compensation based on a breach of duty by his former employer, resulting in his tuberculosis and kidney disease.
Alex Shorey, a Senior Associate Solicitor at Irwin Mitchell, worked with Liam. Alex started by gathering evidence such as Liam’s medical records and employment history. We also arranged for Liam to see independent experts including a:
- Consultant nephrologist (a kidney specialist)
- Consultant public health physician
- Medical epidemiologist
- Care expert.
Liam’s former employer admitted a breach of duty because they failed to assess the risk of allowing Luke to return to work. However, they didn’t accept liability, with factual and medical causation disputed.
Alex then presented Liam’s case to his former employer, and it was brought to a joint settlement meeting. After various offers and counteroffers, the claim was settled for a six-figure compensation amount. This was almost double that originally offered by Liam’s former employer.
The compensation means Liam and his family will be financially secure and no longer need to worry about Liam being unable to work.
Alex also referred Liam to our Asset Management team, who are financial experts that can help with money management. The team will be able to make sure Liam’s family make the most of their compensation and that it’s there in the future.
*Names have been changed to protect anonymity.
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