Derby asthma and dermatitis claims

Both types of claim are caused by materials dangerous to wellbeing in the workplace and therefore subject to statutory duties imposed by the COSHH Regulations.

Once a claimant has established that he was subjected to a substance hazardous to health and suffered injury as a result, the burden in proving compliance with the Regulations is upon the employer. Accordingly, it is not for the claimant to say what the employer should have done and did not do, but for the employer to say what they did and that this was adequate to comply with the COSHH Regulations

Under the  Regulations the first step of the grading  of measures is  reg 7(1), which requires that so far as is reasonably practicable, exposure to substances hazardous to health be prevented.

The second step is that, if total prevention is not reasonably practicable, then exposure shall be adequately controlled. Adequate is defined by reg 7(11) as having regard to the nature of the substance and the nature and degree of exposure to substances hazardous to health. The duty to adequately control exposure was not subject to any reasonable practicability defence.

Normally in asthma cases a respiratory consultant is instructed by us and a dermatologist reports for us on dermatitis cases.

Get in touch with expert Derby asthma and dermatitis claims solicitors by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .