Six-Figure Settlement for Client with Occupational Asthma

Our team helped Richard claim compensation after he was diagnosed with occupational asthma caused by exposure to isocyanates.

What happened to Richard?

Between February 2020 and June 2023, Richard worked as a Production Operative for a leading manufacturer of air handling units.

Part of his role involved assembling complex units and handling substances such as adhesives and sealants. He was also regularly exposed to hazardous chemicals, including isocyanates.

When exposed to isocyanates, it was often in poorly ventilated areas and with inadequate personal protective equipment (PPE). The PPE he was provided included:

  • Masks that didn’t fit and were not put through face-fit testing
  • Gloves that often tore during use.

As part of his work, Richard would handle sealants without gloves. He was sometimes advised to lick his fingers to smooth finishes. At the time, Richard was unaware of the risks involved.
Isocyanates are not only harmful when inhaled, but they can also be absorbed through the skin, making this practice particularly dangerous.
 

Richard’s diagnosis and the impact on his life

In July 2021, Richard started experiencing severe respiratory symptoms such as:

  • Chest tightness
  • Breathlessness
  • Coughing up blood.

He underwent extensive medical examinations, including lung function tests and CT scans. Richard was ultimately diagnosed with occupational asthma  in July 2022.

This condition is permanent and has left him with a significant respiratory disability, limiting his ability to work and affecting his daily life.

Richard was signed off from work in June 2022 and had never returned to his production role. Occupational health specialists confirmed he wasn’t fit enough to resume his duties, and his contract was terminated in June 2023 because of his ill health. 
Being without work left Richard facing long-term financial uncertainty, and he was unsure what role would be suitable with his condition.
 

How did Irwin Mitchell help Richard?

Richard came to our Asbestos & Occupational Disease team to see if he could claim for exposure to isocyanates at work. Rebecca Wood, an Associate Solicitor in the team, worked with Richard.

Rebecca started by investigating the work Richard did and the PPE he was provided. The investigation revealed multiple failings by his former employer. This included:

  • No suitable or sufficient Control of Substances Hazardous to Health (COSHH) risk assessments were undertaken
  • Exposure to hazardous substances was not adequately controlled
  • PPE provision and training were wholly inadequate
  • Health surveillance was insufficient.

With a trial set to take place, Rebecca was able to settle Richard’s claim. She secured a substantial six-figure settlement that compensated him for his pain and suffering and loss of earnings. It also makes sure he will be financially secure in the future.
 

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What did Richard have to say about his claim?

After his claim settled, Richard said, “I never imagined my job could leave me with a lifelong health condition. 

 

“Irwin Mitchell guided me through every step of the process and fought tirelessly to make sure I was compensated. I can now focus on managing my health and planning for the future.”

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