Compensation and future protection for welder with COPD
Our workplace illness solicitors helped Edward claim compensation after he developed Chronic Obstructive Pulmonary Disease due to years of exposure to harmful substances at work.
We also protected his right to claim for further damages should he develop lung cancer in the future because of the disease.
What happened to Edward?
Edward, who is now retired, worked as a welder in the shipbuilding industry. Over the course of his career, he was regularly exposed to hazardous welding fumes and dust.
The exposure resulted in Edward being diagnosed with Chronic Obstructive Pulmonary Disease (COPD). Edward experiences ongoing respiratory symptoms, including:
- Breathlessness
- Recurring chest infections
- Reduced exercise tolerance.
The symptoms have a significant impact on Edward’s day-to-day life and his ability to be independent.
He is concerned about the future implications of COPD on his life, including whether his condition will deteriorate and if he will develop lung cancer.
How did Irwin Mitchell help Edward?
Edward came to our industrial disease team seeking an explanation of what caused his illness and a better understanding of the long-term implications.
Rebecca Wood, an Associate Solicitor in our team, worked with Edward to bring a claim against his former employer.
We started by taking a full witness statement from Edward, detailing his employment history and working conditions.
Our team also reviewed Edward’s medical records. After seeing his medical records, Rebecca instructed an independent Consultant Respiratory Physician. The physician confirmed that Edward had developed COPD, and his exposure to welding fumes at work had contributed to it.
This independent medical expert’s opinion was crucial in demonstrating a clear occupational cause, despite the presence of other contributing factors (smoking history and underlying health conditions).
We also discovered that Edward was now at an increased risk of long-term serious disease because of the exposure.
Settling Edward’s claim
Rebecca and the team worked to close Edward’s claim against his former employer.
At the initial pre-action stage, the Defendant denied liability for Edward’s COPD. We therefore initiated court proceedings.
Throughout the claim, liability was denied, with the Defendant requesting proof of exposure, working conditions, and medical causation.
We provided our evidence, including the independent expert’s opinion, while negotiations continued.
Before the trial, Edward’s claim was settled for a substantial five-figure provisional sum, which fairly reflects the impact COPD has on his quality of life.
The provisional amount allows Edward to claim further should he develop lung cancer because of the exposure at work. This was important given the medical evidence that showed the increased risk of long-term serious illness.
Settling the claim before going to court gave Edward the peace of mind that his claim had been resolved without the stress and uncertainty of a trial.
Expert comment
“This was a complex occupational disease claim where liability and causation were strongly contested throughout.
“By obtaining robust expert evidence and carefully building the case, we were able to secure a favourable settlement for our client.
“Importantly, the provisional damages award ensures that he is protected in the future should he develop a more serious illness. Achieving this outcome without the need for a trial was a very positive result for him and his family.”
– Rebecca Wood
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