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Home > News > Industrial disease compensation for factory worker

15th February 2012

Industrial disease compensation for factory worker

As a result of exposure to excessive levels of dust and dry powder products, such as flour, this client developed occupational asthma which meant he was forced to leave his employment, with limited opportunities in the open labour market for alternative work.

Although the defendant admitted both liability for our client’s exposure, and the resulting diagnosis of occupational asthma, their insurers refused to negotiate an acceptable settlement.

Our specialist industrial disease lawyers were able to secure a substantial sum as an interim payment, which allowed our client to leave his employer to try to seek alternative work. After continued negotiation however, and advising our client to reject an initial offer, they secured a substantial six-figure sum in industrial disease compensation.

Negligent exposure to powder products

Employed as a factory operative, our client’s duties required him to tip large sacks of dry product into mixers, throwing flour dust and other hazardous materials into the atmosphere, causing him to inhale large significant quantities.

Symptoms of occupational asthma

Our client had begun to suffer symptoms such as coughing, shortage of breath and tightening of his chest. He had no idea what could be causing it so visited his GP. After several peak flow tests, he was diagnosed with occupational asthma, and advised to leave his current employment as continued exposure to flour and other respiratory sensitisers, would be likely to aggravate his condition.

He was also advised to avoid future exposure to a range of harmful substances such as paint, solvent, dust, chemical fumes, and generally poor air quality environments, imposing further restrictions on the type of work he was able to do.

He is unable to walk long distances for more than a few hundred yards without using his inhaler, and although able to do relatively heavy work, he is unable to carry heavy items any distance. His sensitivity to paint fumes has also prevented him from doing DIY at home and he has been registered partially disabled by the DWP (Department of Work & Pensions).

Breach of duty

By failing to protect their employee, the defendant had breached their duty to provide him with a safe working environment.

Making a claim for compensation for occupational asthma

Clear Answers’ solicitors has a dedicated team of personal injury lawyers specialising in industrial disease injuries who are able to offer expert legal advice on making a claim for compensation for occupational asthma. They will be happy to answer any questions you may have in plain English.

If you or your family have been affected by an industrial disease such as occupational asthma, and would like some advice about how to make a personal injury compensation claim contact Clear Answers' solicitors on 0800 783 9019 or complete one of our online compensation claim forms, and one of our representatives will contact you as soon as possible.

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