Warning to Engineering Firm after Sheffield Man Wins Asthma at Work Claim
15/12/2009
Leading industrial illness solicitors at Irwin Mitchell have urged engineering firms to take measures to reduce the risk of employees developing work related asthma after a Sheffield man was awarded a five-figure settlement for exacerbation of his asthma.
Mr W was awarded the settlement after it was found that his childhood asthma had been exacerbated by working with metal working fluids at his former employer’s engineering shop despite no admission of liability from his employer.
Despite suffering from asthma as a child, Mr W was always able to keep his breathing difficulties under control. He later claimed however to have become dependent on inhalers and had to give up his job. Since he stopped working with metal working fluids, Mr W has reported that his breathing is improving once again.
The successful industrial illness settlement has prompted solicitors at Irwin Mitchell to warn employers of the dangers of metal working fluids, claiming that unless properly maintained, the mists which are formed in the engineering process have the very real potential to cause or exacerbate asthma in those working with the oils.
David Johnston-Keay, a solicitor at Sheffield based law firm Irwin Mitchell who represented Mr W in his claim said:
“The Health & Safety Executive (‘HSE’) has been advising employers about the need to ensure metal working fluids are properly maintained for many years. Mr W’s condition was preventable and the compensation he has received goes only some way to repay the wages he lost and the breathlessness and discomfort he suffered for a number of years.”
David Johnston-Keay also believes that this is not an isolated case as another of his clients, Mr E, developed similar symptoms after working at another Sheffield based engineering firm.
Mr E, a 53 year old former machine operator, suffers with asthma which his Respiratory Consultant says was caused as a result of his exposure to metal working fluids used on the centreless grinders he operated at work.
“Mr E had no previous history of asthma” says David Johnston-Keay. “Previously a regular gym member, Mr E now struggles to walk any distances without getting out of breath. He is unlikely to work again and now receives Disability Allowance benefit due to the severity of his breathing difficulties. No amount of compensation will give Mr E his health back, but it is hoped that should his claim succeed, any award will go some way help with the financial impact he suffers as a result of losing his job.
“The respiratory effects of exposure to poorly maintained metal working fluids have been known for a number of years and yet some employers still fail to heed the warnings. Guidance is freely available on the HSE website and there are very simple steps employers can to take to ensure compliance, such as monitoring and regular changing of the oils used. The guidance is there for a reason and if employers follow that advice, injuries such as these can be prevented.”
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