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Occupational related respiratory condition award
Robert Attfield was employed by Sainsburys Supermarkets working in the Bakery Section of their store in Dunstable between 1993 and 2005. In 2004 he was referred by his GP to hospital as a consequence of experiencing respiratory problems including shortness of breath and a persistent cough. He was then referred to the Royal Brompton Hospital.
It was identified that the Claimant was suffering from Occupational Asthma as a consequence of exposure to fungal alpha amylase whilst working within the Bakery Department at Sainsburys, a condition commonly called "Baker's Lung". During the Claimants employment within the Bakery Department Sainsburys failed to provide any suitable risk assessments at work and failed to prevent or adequately control the exposure of Mr Attfield to the substances which gave rise to his condition. In particular it was alleged that Sainsburys failed to provide suitable face masks until sometime between 2002 and 2004 and those that were introduced were of poor quality and did not provide proper protection.
Robert Attfield instructed Fentons Solicitors to act on his behalf in March 2005. Following correspondence with the Defendants and their Solicitors Sainsburys admitted that they had breached their duty in failing to provide Mr Attfield with a safe working environment but no admissions were made on the nature and extent of the injuries that Mr Attfield had suffered as a consequence.
Proceedings were issued in Court. A meeting took place between the medical experts instructed on behalf of Mr Attfield and by Sainsburys. It was conceded that Mr Attfield was suffering from an underlying occupational related respiratory condition.
As a consequence of negotiations between the Solicitors representing Mr Attfield and Sainsburys, Sainsburys paid to Mr Attfield the sum of £38,500 in compensation for his injuries and financial losses.
This claim highlights the failure of employers to properly monitor the safety of workers and workplaces and to provide their employees with proper protective equipment including suitable and adequate facemasks.
Nigel Smith, an Associate at Fentons Solicitors, acted for the claimant.
How can Fentons Solicitors help?
Fentons have a specialist Industrial Disease department experienced in handling claims for most forms of Industrial Disease.
If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.
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