Dermatitis

We believe we have won the most significant case on dermatitis injury claims - and indeed all occupational disease in recent times.

Dugmore v Swansea NHS Trust and another (2003) 1 All ER 333 CA

This recent case, handled by a partner who works for Thompsons Solicitors, Clear Answers lawyers, is one of the most important "disease" cases of recent years. It concerns the interpretation of the Control of Substances Hazardous to Health regulations (the COSHH Regulations).

The claimant worked as a nurse. She had suffered eczema and asthma all her life. Between 1993 and 1995 she developed an allergy to latex as a result of using powdered latex gloves in the course of her work.

There was no published evidence before 1993 that the use of latex gloves could result in latex allergy. In 1996 the hospital provided her with vinyl gloves after she suffered a serious reaction whilst performing a procedure using latex gloves. In 1997 whilst employed at a different hospital and using vinyl gloves she suffered an anaphylactic attack when picking up an empty box which had contained latex gloves. She had to give up work.

The court held that the duty under the COSHH Regulations was absolute: to ensure that exposure to latex was prevented or adequately controlled.. The employer could have provided vinyl gloves even if they did not know of the dangers of latex. The purpose of the regulations was protective and preventative and the claimant therefore succeeded in her claim against the first hospital.

This case is of massive importance to anyone who has suffered any sort of industrial illness and at Clear Answers we have the lawyers who understand how to apply and argue this law.

We have experts who can deal in any type of claim for dermatitis caused at work

If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers 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 yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.