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16th April 2010

Factory worker receives compensation for occupational asthma

Exposed to dangerous fumes at work

A factory worker has received £32,000 compensation after he developed asthma when he was exposed to dangerous fumes for over three years.

The 49-year-old from Bolton was diagnosed with occupational asthma after he was exposed to a mix of hydraulic oil and coolant mist at Edbro Plc in Lancashire.

He complained about an oil leak with the machine he was working on for the HGV lorry parts manufacturer in November 2004 but nothing was done to fix it.

He later noticed mist was coming out of the machine and reported the problem on two further occasions. The machine wasn’t fixed until it broke down completely in August 2007.

Diagnosed with occupational asthma

The Unite member first started suffering from breathlessness in 2005 but wasn’t diagnosed with occupational asthma until March 2006 when he noticed his condition affecting life outside of work.

However, he wasn’t assessed by his employer’s occupational health department until January 2009 when he was then moved to a job where he wasn’t exposed to fumes.

He said: “It was obvious there was a problem with the machine we were working on but despite my complaints nothing was done about it. It never crossed my mind that we were being exposed to dangerous fumes and I put my chest problems down to having colds.

“It wasn’t until I started struggling to walk upstairs and suffered a few attacks of breathlessness that I told my GP about my working conditions and he diagnosed me with occupational asthma. Even then my condition wasn’t assessed by occupational health until three years later.”

He has been told he will have to live with the condition the rest of his life but has been able to keep it under control so far with the use of inhalers.

Thompsons Solicitors made a claim for compensation

The member contacted Unite which instructed its lawyers Thompsons Solicitors to pursue a claim for compensation. Edbro admitted liability and settled the claim out of court.

Paul Finegan, Unite Regional Secretary said: “This successful claim should send a clear message to employers about listening to their workforce on issues of health and safety. Edbro should have provided extraction or ventilation to avoid exposure to the mist caused by the oil leak.”

Imogen Wetton from Thompsons Solicitors said: “Employers should have measures in place to ensure workers are not exposed to the risk of developing occupational asthma or other work related diseases. Due to serious shortcomings in the employer’s procedures our client was exposed for more than three years and has suffered irreparable harm”

Compensation Claim Advice for Occupational Asthma Sufferers

If you or someone you know believes that working conditions have caused you / them to develop asthma or have made your existing asthma condition worse, telephone us now for accurate claim advice as you may be able to make an asthma compensation claim.

There are strict time limits in place to make any personal injury claim.  For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for asthma compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

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