Asthma inducing powder leads to compensation
A hospital worker has received a sum of compensation. This is despite a council refusing to claim public liability for exposing him to a toxic cleaning substance for more than a year, which seriously aggravated his asthma.
The man works as an operational practitioner at Scunthorpe General Hospital and is also the secretary of UNISON's Scunthorpe health branch. He was forced to take time off from work because the council refused to clear up the Freshclean cleaning powder dumped in his flat's stairwell.
The powder had been left on the communal stairwell from August 2006 and is a known irritant for those who suffer breathing difficulties. The product advises that protective clothing, a dust mask or respirator should be used to avoid dust inhalation.
The man previously suffered from mild asthma and did not need an inhaler for the condition. However, within 12 months of being exposed to the cleaning power, the man had to go through four asthma inhalers.
Council claims it’s not liable
The UNISON trade unions legal firm settled the claim for £1,800. However North Lincolnshire Council did not admit that it was guilty of public liability.
Speaking about his present condition, the man said: "The council had no grasp of the severity of the problem. The powder was thick, like snow, and every time I came home I could not stop it coming into the house.
"I had chronic breathing difficulties and was unable to sleep, which had a huge effect on my work performance and relationships.
"It took such a long time to resolve, because the council did not take my complaints seriously, which made me feel depressed."
He praised the efforts and help that he received from the union and legal firm that represented him, stating that he "would still be living a nightmare", without their input.
Knock-on-effects
John Cafferty, the Head of Health for UNISON's Yorkshire and Humberside region, said: "We are pleased that Mr Corlett has received compensation for the effect of the toxic cleaning substance.
"But this cannot make up for such a long period of health problems, which have had a knock on effect on his work, relationships and mental health."
Mr Cafferty also said: "It is disgraceful that this man"s health complaint was not taken seriously and he would have been left to suffer in silence without UNISON's help."
He concluded by saying: "Organisation's must take note of health and safety problems and act on concerns and complaints, if the Council had acted when initially asked this could so easily have been avoided."
Gillian Sayers, a spokeswoman for the legal firm, said: "This case shows the important role trade union legal services have to play when members are injured in incidents which occur outside the work place.
"Asthma can be a debilitating condition. Our client, who we represented, was in control of his asthma before his contact with this product and, as a result of his exposure, was forced to take medication. Steps should have been taken to make sure it was kept out of harm's way."
Updated on 05/12/2009