Our industrial disease solicitors secured a five-figure compensation settlement for our client, Michael*. He’d developed industrial asthma after heavy exposure to harmful chemicals while working as a paint sprayer.

What happened to Michael?

Michael started working as a paint sprayer in 1986. He used a Devilbiss handheld spray gun to paint car parts with. Before painting a product, he had to use a primer to prepare it. Michael had to paint the primer, which acted as a sealant.

The water-based basecoat would then colour the product, which Michael needed to spray on the clear coat to give it a shine. Each section of the painting was done in a different bay. The primer and clear coat both contained isocyanates, which is listed as hazardous substance by the Health and Safety Executive (HSE).

Michael estimates that he spent between eight and nine hours per shift using the primer and clear coat substances. The process would cause overspray, which would fill the air. Michael had to change his face covering every six months, as after a short while he could taste and smell the paint. He also needed to remove the face mask throughout the day to speak to colleagues.

Michael was diagnosed with occupational asthma in October 2019, when he was prohibited from working in the bays. Michael had an appointment with a respiratory consultant, who believed his diagnosis of industrial asthma was caused by isocyanate exposure.

How did Irwin Mitchell help Michael?

After speaking to an occupational health specialist in October 2019, Michael was told that it was likely he had industrial asthma. He decided to launch a claim for compensation and contacted our industrial disease claims team.

We started by contacting independent medical experts and preparing witness statements. We also collected Michael’s medical records, employment history, loss of earnings, and special damages.

Michael’s former employer was investigated by the HSE, which helped us to prove liability.

A five-figure compensation sum

Michael’s claim was disputed, but we were able to progress it in a timely and efficient way. We made sure he was reassured and informed throughout each stage of the claim, making him aware of any potential issues.

Michael’s former employer initially offered a compensation amount of £37,500. However, this was later raised to £45,000.

Expert comment

Michael’s claim was handled by Alex Shorey, a Senior Associate Solicitor in our industrial disease claims team.

Speaking of this case, Alex commented: “Cases like Michael’s are, sadly, all too common. I’m pleased we were able to secure a proportionate amount of compensation for Michael’s illness. However, I hope his case is a shining example to employers of how essential it is that they take all health and safety precautions.

“The impact of an employer’s negligence can have devastating lifelong consequences for their employees. Although Michael’s asthma can’t be cured, I’m glad the compensation provides him with closure and the ability to move on with his life.”

*Client’s name has been changed to protect anonymity.

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