Background
A dedicated grain worker has achieved a significant High Court settlement after suffering permanent occupational lung disease, which was the result of alleged prolonged exposure to hazardous substances during his employment. This case, initially set for a hearing before the High Court in Dublin, was settled before Mr. Justice Leonie Reynolds, with an order for the plaintiff’s legal costs.

Legal Case Overview
The plaintiff, who had been employed by the defendant for over 20 years, began his career as a general operative before transitioning to the production of animal grain feedstuffs. During his tenure, it was alleged that he was repeatedly exposed to harmful production dust particles, containing irritants and pollutants, without adequate protective measures. The work environment was further compromised by alleged poor ventilation, and as production levels increased, new machinery allegedly introduced additional hazardous substances, further escalating the risks.

Unfortunately, limited respiratory protection was provided to the plaintiff, leaving him vulnerable to serious health issues that would have lasting consequences. The evidence ultimately revealed a history of insufficient safety protocols, leading to permanent and debilitating health conditions.

 

Injury Details
The plaintiff first sought medical attention when he began experiencing persistent coughing, wheezing, chest tightness, and shortness of breath. After consulting a General Practitioner, he was referred to a leading respiratory physician, who diagnosed him with late-onset asthma and/or chronic bronchitis—conditions likely triggered or aggravated by prolonged exposure to harmful dust and pollutants at work.

The plaintiff’s symptoms included severe nighttime coughing, sleep disturbances, hoarseness, nasal congestion, and intermittent breathlessness. Over time, the employee developed greater shortness of breath and skin conditions on his palms and began experiencing significant psychological distress as a result of his growing limitations, both physical and emotional.

 

Liability and Legal Strategy
While the employer initially denied liability, our Healthcare Team led by Ronan Hynes, Partner was determined to uncover the truth. A thorough discovery process revealed key documents highlighting the dangerous working conditions, including the employer’s own admission that the new machinery had caused significant difficulties since its introduction. The employer’s records further confirmed that the production process was “very dusty” and recommended that the plaintiff be provided with full respiratory protection.

In addition, expert evidence from a UK-based occupational hygienist supported the plaintiff’s case. The hygienist conducted a site inspection and confirmed that the defendant had failed to mitigate the hazardous exposures as required by health and safety regulations. Our Healthcare Team also presented compelling photographic and video evidence of the dangerous work environment.

Medical Evidence
The medical evidence provided by one of Ireland’s leading respiratory consultants further reinforced the Plaintiff’s case. The consultant diagnosed the plaintiff with permanent bronchial asthma, directly attributable to occupational exposure and that the plaintiff would have ongoing health complications, including exacerbations triggered by environmental pollutants, viral and bacterial infections, and other stressors into the future. Furthermore, the expert opined that the plaintiff’s quality of life would be significantly restricted, and he would never again be fit to work in a similar environment.

 

Settlement
After extensive negotiations, the Healthcare Team at MHP Sellors LLP led by Ronan Hynes, Partner presented a strong case, highlighting the employer’s weak defence and the likelihood of a favourable outcome at trial. Ultimately, after lengthy settlement discussions, the parties reached a positive and confidential settlement, ensuring the plaintiff would receive the redress he deserved for his ongoing medical issues and the impact on his quality of life.

 

Why This Case Matters
This case underscores the importance of rigorous health and safety practices in workplaces, especially in industries like grain production, where workers may face significant exposure to harmful substances. It also highlights the importance of legal representation that truly understands the unique challenges workers face when their health is compromised by occupational conditions.

 

Contact Us
If you are facing similar occupational health challenges or require expert legal advice, our Healthcare Team led by Ronan Hynes, Partner is here to help. Please reach out to us:

Phone: 061 414 355
Email: [email protected]
Website: www.mhpsellors.ie