We helped Paul* claim compensation after he developed occupational asthma because of high levels of exposure to harmful chemicals.
What happened to Paul?
Paul joined his former employer in October 2020 as a production specialist. His role involved working with cars that had been purchased and preparing them to be sold. Paul mainly dealt with defects to wheels, including damaged alloys.
He started by making small repairs on the wheels using the painting gun from the spray booth.
Paul was also responsible for mixing all the paint together in the mixing room. He was asked to do the spray-painting in the spray booth; from that point, he was just painting. At no point was he given an air-fed mask, and the filters for the masks were rarely changed. Paul estimates that he worked on between 30 to 50 cars a day.
Paul recalled how the filters that were supposed to protect him from breathing in the harmful fumes were covered in lacquer and paint, and at times, he couldn’t open the filter to change it. The face masks were also not face-fitted and offered limited protection. It became obvious to him that the mask he was given wasn’t protecting him from the fumes.
He used solvent paints which contained isocyanates, the fumes were potent and got all over his chest. Paul said he worked near other employees who were also sanding. This meant he was breathing in the isocyanate particles from the paint being sanded down as well.
The paint spray from the guns used to go all through the warehouse as they had to keep the doors open as a form of extraction. The extraction that was in the booths was extremely poor and virtually non-existent.
During his time with the company, Paul was never provided with any health surveillance, suitable PPE, or general health and safety information. He decided to raise his concerns with his manager and team leader, but when nothing was done, he left the company in June 2021.
Paul developed asthma as a result of breathing in harmful quantities of isocyanates. Paul’s chest issues began around the start of 2021. He would often experience chest tightness, as well as a cough and wheezing. As the year went on, he experienced shortness of breath.
He decided at this point to visit his GP to discuss his symptoms. Paul was diagnosed with occupational asthma because of his exposure at work and he was advised to cease working in the spray booths.
How did this diagnosis impact Paul’s life?
Because of his diagnosis of occupational asthma, Paul now needs to carry an inhaler wherever he goes, just in case he falls short of breath.
The inhaler has made his symptoms more manageable, but Paul still struggles with chest tightness and shortness of breath.
How did Irwin Mitchell help Paul?
Paul came to our industrial disease team to make a claim for his ex-employer causing his occupational asthma. Satinder Bains, a Partner and expert in illnesses caused in the workplace, managed Paul’s claim.
Satinder started by reviewing Paul’s medical and employment records. She instructed an independent medical expert to review Paul’s medical records and determine the cause of his asthma.
We also got witness statements from Paul’s colleagues to support the information Paul gave us.
Satinder took the claim to Paul’s ex-employer. Paul’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.
As the case was due before the Court for Trial Paul’s former employer offered a five-figure settlement.
Both Paul and Satinder were happy this figure fairly represented the impact on Paul’s life and accepted the offer. The money means Paul and his family will be financially secure, and he can begin to move on with his life.
Expert opinion
“Cases like Pauls are, sadly, all too common. I’m pleased we were able to secure compensation for Paul’s illness. I was surprised with the level of blatant contraventions of Health and Safety policy and the complete disregard for the health of the workforce.
“The impact of an employer’s negligence can have devastating lifelong consequences for their employees. Although Paul’s asthma can’t be cured, I’m glad the compensation provides him with closure and the ability to move on with his life and be financially secure for years to come.”
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