Occupational Asthma Claim – Paint Sprayer Wins £18,000

Paint spraying resulting in making a occupational asthma claim
LLB (Hons) & LPC Stacy Pimlott
Case by: LLB (Hons) & LPC Stacy Pimlott

An AWH Client has been awarded £18,000 for damages for an occupational asthma claim due to poorly maintained equipment.

What Was the Case?

Our client was a Production Operative/ Sprayer for a company who produced decking. During their work, our client was exposed to paint fumes, solvents used to clean paintbrushes and elastomer which is a hot rubber that is poured on the mould to provide a protective cover. The client’s role was as a paint sprayer in a spray booth where they were required to work on the auto rim. This involved spreading the resin and the mould using a hand towel.

Our claimant was provided with respiratory protective equipment (RPE) which he believed was inadequate as it was not fitted properly. Additionally, he believed that the ventilation he was provided with was inadequate. Finally, our claimant believed he was not provided with adequate warnings regarding The Control of Substances Hazardous to Health Regulations (COSHH) and substances/RPE.

As a result, our client developed what started as a wheeze and shortness of breath. With time his symptoms deteriorated. Our client was unable to take part in his usual recreational activities such as going to the gym and playing football. He also found his sleep disturbed and he was unable to play with his son who was a toddler at the time. At times, his wheezing meant he had to sign off work.

In conclusion, our claimant left his employment because of his occupational asthma.

What Was the Outcome of the Occupational Asthma Claim?

Even though the client’s employer gave them RPE, it was not up to standard. As a result, the court deemed the RPE as inadequate. Therefore, our client was able to submit an occupational asthma claim.

With the expert help of AWH’s industrial disease solicitor, Annabel Chadwick, our client was able to win a settlement figure of £18,000.

Has a similar situation affected you? If so, AWH is able to provide you with any legal help and the support you may need.

Read more about occupational asthma here.

Have you suffered a preventable accident or injury at work? Get in touch using the contact form or call us on 0800 999 2220.

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