We instructed an independent consultant to prepare a medical report and it was determined that he was suffering with a work exacerbated constitutional asthma.
During our investigations of the matter, it has come to light that the Client’s employer, the Defendant in this matter, did commission an occupational hygiene survey during our client’s employment. This survey was commissioned to establish if the Defendant was complying with the COSHH regulations (Control of Substances Hazardous to Health Regulations 2002). This survey concluded that the Defendant should install ventilation systems and provide personal protective equipment i.e., masks of a better standard when working with and around chemicals. The survey also stated:
‘The inhalation of isocyanates has been associated with a range of complaints, including coughing, wheezing, chest discomfort, acute oedema and interstitial pulmonary fibrosis, as well as covert decrement of lung function….’
An article produced by the Health and Safety Executive titled Asthmagen? Critical Assessments of the Evidence for Agents Implicated in Occupational Asthma, states there is a strong body of evidence that isocyanates cause occupational asthma in a significant proportion of exposed workers.
Isocyanates are widely used in the manufacture of polyurethane foams, plastics, coatings, and adhesives.
Our client’s claim continues as against his employer, and we are hopeful we will be able to secure compensation for our Client.
Our client has since sought alternative employment and his symptoms have improved. Our client may well always suffer with sensitivity to certain chemicals and as such he actively tries to avoid any chemicals in his day-to-day life.
