Our client was diagnosed with chronic hypersensitivity pneumonitis. He needed a lung transplant and was given a life expectancy of six years. We brought damages against his former employer and secured more than half-a-million pounds in compensation for his family.
The history
Carl* used to work as a labourer at Eaton Electric in Coventry . This work involved fetching and distributing parts and removing finished loads. The Coventry assembly line was the same one his father worked on, and he was there for about a year before moving into the paint shop.
When Carl moved to the paint shop, he worked as a paint sprayer. This involved spraying individual parts which were then hung up to dry. He was tasked with spraying a set number of parts per hour, which meant his work was often intense and fast paced.
Carl then worked in the press shop, which involved using a power press. Each day he worked in the press shop, Carl was heavily exposed to metalworking fluids and fumes. The power press he used would create a fine mist that filled the air. This mist would land on his skin and clothes, and he’d also breathe it in.
The diagnosis
Carl was diagnosed with chronic hypersensitivity pneumonitis after a prolonged period of experiencing breathlessness and coughs. This worsened over time, and he was referred for a CT scan in 2017, which showed evidence of fibrosis in the lungs.
Carl was referred to the Birmingham Chest Clinic, where he was finally diagnosed. The consultant believed Carl’s former job was the most likely cause of his illness. The illness needed a lung transplant and Carl was given a life expectancy of six years.
Carl passed away in 2019.
How we helped
Carl and his wife got in touch with us after his diagnosis. Carl sadly passed away while the case was ongoing, but the claim was pursued by his wife on his behalf.
Our Workplace Injury and Illness claims team brought the claim against Eaton Electric Limited. While the company admitted that exposure to metalworking fluids should be avoided as much as possible, they made no admission that Carl had been unreasonably exposed to harmful substances. They also denied a breach of duty.
As a result, we had to prove their liability. We started by obtaining medical records and reports from various experts in different fields. We also collected witness evidence from Carl’s wife, daughter, and former colleagues.
The settlement
A joint settlement meeting was held, where we successfully settled Carl’s claim. We secured Carl’s family £535,000 in compensation.
As the claim was brought on behalf of Carl’s estate, this money will ensure his loved ones are financially secure.
Expert comment
Carl’s claim was handled by Alex Shorey, a Senior Associate Solicitor. Alex has since spoke of this case, saying: “This case is a testament to the necessity of employers looking after their workers tasked with using dangerous substances. The negligence of Carl’s former employers resulted in him ultimately losing his life.
“Carl’s decline was a long and debilitating process that lasted for over a decade. Had his employers taken greater safety measures, this could’ve been avoided.”
"It’s a tragedy that Carl passed away before his claim was settled. However, I’m delighted we managed to secure a large sum on behalf of his estate. This money will make sure Carl’s loved ones are financially stable in his absence.”
*The client’s name has been changed to preserve his anonymity.
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