Thompsons secured £10,000 in compensation for an NHS healthcare support worker who developed respiratory and skin symptoms after being exposed to the disinfectant Actichlor while working in a neonatal unit. The claim was pursued after the worker was referred to Thompsons by her union, UNISON.

What happened

The claimant, Miss Reid, worked for NHS Greater Glasgow and Clyde. From 2005 to 2017 she was employed as a newborn hearing screener at the Princess Royal Maternity Hospital in Glasgow.

In 2017 she began working in the Neonatal Unit at the Queen Elizabeth University Hospital as a healthcare support worker. In this role, she was required to carry out extensive cleaning duties which involved using the chemical disinfectant Actichlor.

Within a few weeks of working with the chemical, she began to notice that her asthma symptoms, which she had experienced since childhood, were worsening. She also began developing skin conditions.

Although she was later advised by her sister and line manager to wear a mask while using the cleaning products, this was not standard practice on the ward.

Injuries and Impact

The claimant’s symptoms worsened following continued exposure to Actichlor and she was eventually forced to take sick leave from work.

In an effort to remove herself from the environment, she applied for a different role within the NHS and was successful at interview. However, the job offer was later withdrawn because of the number of sickness absences on her employment record.

Her health continued to deteriorate and she was forced to take more than six months off work.

She eventually had to redeploy to a lower-paid role that did not involve contact with cleaning products. As a result, she feared she would no longer be able to work in a clinical role again.

The claimant also believed that several other employees had experienced chemical reactions after being exposed to Actichlor products.

What went wrong

During investigations into the claim, expert evidence suggested that the disinfectant had been prepared using hot water in a small, poorly ventilated area.

This process caused chlorine gas to be released, which increased the risk of harmful exposure.

A report from a Chartered Occupational Hygienist confirmed that the defenders had breached their duties to the claimant in relation to her exposure to the chemical.

Legal Approach

Thompsons Solicitors Scotland pursued an industrial disease claim on behalf of the claimant after being instructed through her union.

Initially, the defender denied liability and court proceedings were raised.

Thompsons obtained the claimant’s medical records and instructed expert medical evidence from a Consultant Respiratory Physician and a Consultant Dermatologist. Both experts confirmed that the claimant’s symptoms were related to her workplace exposure.

They also confirmed that her ongoing symptoms would stop progressing if exposure to the chemical ceased.

Further expert evidence from a Chartered Occupational Hygienist supported the claim that the employer had failed to manage the risks associated with the use of Actichlor.

Outcome

The defender initially made a settlement offer of £3,500. Thompsons advised that this offer should be rejected as it did not reflect the impact of the claimant’s injuries or the loss of employment opportunity she had experienced.

At a pre-trial meeting, the defender increased the offer to £7,000. This was also rejected.

Following further negotiations, Thompsons proposed a settlement figure of £10,000.

Thompsons secured £10,000 in compensation for the claimant and the settlement was agreed on 13 July 2021.

What this case shows

This case highlights the risks workers may face when exposed to hazardous substances in the workplace and the importance of employers carrying out appropriate risk assessments and ensuring safe working practices.

Workers who develop illnesses as a result of workplace exposure 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.