Thompsons secured £18,500 in compensation for a rope access supervisor who developed allergic contact dermatitis after prolonged exposure to epoxy-based products while working for Stork Technical Services. The claim was pursued after the worker was referred to Thompsons through his union.
What happened
The claimant worked as a Rope Access Supervisor for Stork Technical Services, a company involved in maintenance, modification and asset integrity services.
During the course of his nine years of employment, he was regularly exposed to epoxy-based products, including epoxy paints, while carrying out his work duties.
Over time, this exposure led to the development of a painful skin condition.
Injuries and Impact
The claimant developed allergic contact dermatitis as a result of repeated exposure to epoxy-based substances.
Uncured epoxy resin, hardener and diluent are known irritants that can cause sensitivity issues in some individuals. Skin contact with the hardening agents in epoxy paints can result in burns and severe allergic contact dermatitis.
Symptoms of contact dermatitis include redness, swelling and itching.
The claimant’s condition was formally diagnosed in February 2020 at the Queen Elizabeth University Hospital in Glasgow.
What went wrong
Evidence gathered during the claim showed that the claimant had been exposed to harmful substances over a prolonged period while carrying out his duties.
Witness statements from the claimant and several colleagues confirmed a history of exposure to epoxy-based products during their employment with Stork Technical Services.
Legal Approach
Thompsons Solicitors Scotland acted on behalf of the claimant following a union referral and pursued a claim for industrial disease compensation.
A medical report confirmed that the claimant’s allergic contact dermatitis had developed as a result of his work activities.
Court proceedings were raised in the All-Scotland Sheriff Personal Injury Court in April 2021.
Thompsons also instructed a liability report which supported the claim that the claimant had been negligently exposed to harmful substances during the course of his employment.
Outcome
Despite being provided with the medical report confirming the cause of the condition, the defender initially made no settlement proposal.
A settlement offer of £15,000 was eventually made by the defender. Thompsons advised that this offer should be rejected.
Following further negotiations, the defender increased the offer to £18,500.
Thompsons secured £18,500 in compensation for the claimant, which he confirmed he was pleased to accept.
What this case shows
This case highlights the risks workers may face when exposed to hazardous substances over long periods without adequate protection or safeguards.
Workers who develop illnesses as a result of their employment may be able to pursue compensation through industrial disease claims. Thompsons can often support clients through the claims process under a No Win No Fee agreement.
Anyone seeking advice about a similar situation can contact Thompsons to discuss their circumstances.
