Tuesday September 14, 2010 at 9:37pm
John, 27, of Grimsby, a bricklayer was employed by ACE (brothers) Limited as foreman bricklayer working with industrial chemicals at construction sites.
In the course of his employment, John was required to work with and to be exposed to Ancoroc cement, epoxy resin coatings, grouting materials containing isocyanates, and substances containing ethyl acetate.
As a result of John’s exposure to the chemicals listed above, he developed severe occupational asthma.
The court accepted John’s medical evidence that his asthma was caused by the negligence of his employers and he was awarded compensation.
In order to win his claim for compensation, John had to show that his employers had failed to warn him of the dangers caused by the chemicals. In particular, his employers had:
1) Failed to heed the fact that epoxy resin curing agents are or were well-known as causes of occupational asthma.
2) Failed to cause the mixing of chemical products to be entirely in an encosed or properly vented vessel so that products those chemicals might be carried away into the atmosphere for dispersal from the working area.
3) Failed to introduce forced ventilation into places at which John was required to work.
4) Failed to provide John with breathing apparatus.
5) Failed to make any adequate tests of the atmospheric conditions in which John was required to work.
6) Failed to provide John with a safe place or safe system of work.
As a result of his employer’s negligence, John was awarded compensation after proving that his asthma was caused by the poor conditions at his work place.
If you are a bricklayer and have suffered occupational asthma as a result of the conditions of your work place, you may be entitled to compensation.