Man Worked Without A Mask And Overalls For Decades Before Company Took Action To Prevent Staff From Dangerous Dust

A stonemason who developed lung disease after years of inhaling silica dust has received a settlement from his former employers after it was alleged that they did not do enough to protect him.

Derek Bennett from Bristol was diagnosed with silicosis, a long-term lung disease caused by inhaling large amounts of crystalline silica dust, in 2012 after more than 50 years working as a stonemason.

The 67-year-old instructed expert industrial disease lawyers at Irwin Mitchell after finding out his condition may have been prevented if he had been provided with a face mask and overalls during his time with each company. Derek was never advised or told that he needed to wear a protective mask whilst working with stone except when he was using electrical tools.

Derek began his working life as an apprentice stonemason at Canterbury company John E Wiltshier in 1965 when he was just 16 years old.

Throughout his career he went on to work at Maurice V Sheppard Ltd and CDL Stone Restoration, in Bristol.

Irwin Mitchell argued that The Factories Act 1961 which deals with exposure to harmful dust, made employers aware of the risks of exposure four years before Derek became an apprentice stonemason, meaning he and his colleagues should have been well protected.

The companies refused to admit liability for Derek’s illness but settled with him out of court for an undisclosed figure.

Derek said: “I was just a boy when I started work and no one ever told me the risks of silica. I never had a mask or overalls. I used to just finish up work for the day, dust myself off a bit and go home still covered in dust. Although I was later advised of the dangers of not using masks/overalls this was long after I had decided to buy my own protection and advise younger colleagues of the need to protect themselves.

“Before that I carried on working in extremely dusty environments across the four companies completely unaware of the fact that I was still being exposed to crystalline silica dust.

“It wasn’t until 2012 when I started struggling to catch my breath and coughing that I became aware of what was happening day in day out while I was at work.

“While nothing can turn back the clock now, I’m glad it is settled so I can try and make the most of my life with my family.”

Silica in naturally found in certain types of stone, brick, sand and clay which, when worked on with industrial tools can create a very fine dust that can be easily inhaled.

Once inside the lungs, the dust particles are attacked by the immune system causing inflammation and scarring, causing the lungs to partly lose function.

Derek’s is likely to see a continued deterioration in his respiratory disability for the rest of his life as well as an increased risk of lung cancer and tuberculosis.

Expert Opinion

“Derek was regularly exposed to high levels of respirable crystalline silica dust due to the use of power tools and working with stone.

“Occupational lung diseases have a devastating effect on lives and more regulation and enforcements of such law needs to be put in place.

“Employers and employees are still not aware of how to protect themselves from the dangers of silica dust and developing this devastating disease.

“I represent people whose lives have been shortened by the disease and even though we are able to recover compensation for loss of earnings and the cost of care, when we can never turn back the clock and heal them.

“The settlement of this case will hopefully give Derek and his family some financial security and help fund his future care as they continue to come to terms with his ailing health.” Alex Shorey - Senior Associate Solicitor

If you or a loved one has suffered from respiratory problems, such as occupational asthma or silicosis caused by conditions at work, our solicitors could help you claim compensation. See our Industrial Disease Claims page for more information.