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Factory worker wins £75,000 in asthma claim

Jan 17 2006

 

A former factory worker struck down by asthma because of toxic chemicals he was exposed to has won £75,000 in agreed damages from his ex-employers.

David Simms, of Patterdale Road, Hednesford, Staffordshire, began working for Wolverhampton-based Schenectady Europe Ltd as a teenager and remained with them for 15 years until 2003, when the company relocated to France.

Mr Simms, now aged 37, was a kettle operator and one of the last four factory floor employees to be made redundant.

Barrister Michael Simon, for Mr Simms, told London's High Court that the blue-collar worker was exposed to "several dangerous chemical fumes" during the course of his work and as a result was "significantly disabled".

Earlier this year, Schenectady admitted liability for the asthma Mr Simms now suffers from, an affliction which restricts both his working and social life and means the type of work he can do is limited.

Yesterday the firm agreed to pay £75,000 to Mr Simms to compensate him for the loss of past and future earnings. The move came shortly after a High Court trial to assess the level of damages he was entitled to had begun.

In written submissions, Mr Simon said Mr Simms was exposed to ethylenediamine, formaldehyde, phenol, xylene and boron trifluouride, and said all five chemicals were capable of causing asthma.

Conceding that Mr Simms was more susceptible to asthma than other people, Mr Simon dismissed arguments that he would have suffered from it whether he had been exposed to the chemicals or not.

 

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