Kentish Gazette Canterbury & District
Stonemason claims he wasn’t warned about killer dust
Pensioner settles out of court with former employers
A retired stonemason has settled out of court after claiming his former employers were to blame for his life-threatening lung disease.
Derek Bennett, who used to work for Canterbury builders John E Wiltshier, is believed to have developed a long-term condition by inhaling large amounts of crystalline silica dust.
The 67-year-old, who worked for three other companies in his 50 years as a stonemason, says bosses could have prevented the disease if they provided him with a face mask and overalls.
He said: “I was just a boy when I started work and no one ever told me the risks of silica.
“I never had a mask or overalls and I used to just finish work for the day, dust myself off a bit and go home still covered in dust. Although I was later advised of the dangers of not using masks and overalls, this was long after I had decided to buy my own protection.” Mr Bennett started work as an apprentice stonemason at John E Wiltshier in 1965, aged 16. It was then he is said to have first been exposed to silica, which is naturally found in brick and sand.
Once inside the lungs, the dust particles are attacked by the immune system, causing inflammation and scarring and causing the lungs to partly lose function.
The Canterbury firm and three others refused to admit liability for Mr Bennett’s illness but have now settled out of court for an undisclosed sum. Law firm Irwin Mitchell argued that the Factories Act 1961 made employers aware of the risks of exposure four years before Mr Bennett became an apprentice.
Alex Shorey, an industrial disease lawyer, said: “The settlement of this case will hopefully give Derek and his family some financial security and help fund his future care as they continue to come to terms with his ailing health. Occupational lung diseases have a devastating effect on lives and more regulation and enforcements of such law needs to be put in place.”
Mr Bennett’s lungs are likely to continue to deteriorate and he faces an increased risk of lung cancer and tuberculosis.
He said “It wasn’t until 2012, when I started struggling to catch my breath and coughing, that I became aware of what was happening day in, day out while I was at work. While nothing can turn back the clock now, I’m glad it is settled so I can try and make the most of my life with my family.”