A 65-year-old lab former technician at a fertilizer plant in Point Lisas, who contracted two forms of cancer due to prolonged exposure to toxic chemicals, has won a $1 million in compensation from his former employer.
Robert Daisley, of Couva, received the significant payout yesterday–almost ten years after he retired from Yara (Trinidad) Ltd, formerly Federation Chemicals Ltd (Fedchem)–as High Court Judge Devindra Rampersad ruled that the company was required to pay the money to compensate him for the pain and suffering he had to endure since being diagnosed by the serious illnesses.
The lawsuit appears to set a new precedent as it was the first time in T&T's history that an employee was successful in a negligence claim over medical issues which arose in the workplace but remained dormant until after retirement.
The company had attempted to have the case thrown out at a preliminary stage as it fell outside the four year limitation period for bringing civil claims as Daisley was only diagnosed and obtained legal representation years after he retired.
This argument was rejected by Rampersad who said: "The claimant was not in a position to be fixed with the knowledge of his cancer until his diagnosis in May 2008 and, therefore, this case was filed within the prescribed time."
Speaking with reporters after the judgment was handed down by Rampersad, Daisley said he knew his illnesses were related to his work in the petro-chemical industry as soon as he was diagnosed.
"It has been a very long, hard, trying process. As soon as I got the diagnosis I reflected on the chemicals I interacted with in the workplace–formaldehyde, benzene, arsenic, asbestos and others and knew that was the cause," Daisley said.
While he said he was happy to score the legal victory Daisley, a father of 11, said the compensation awarded was too low.
"The sum that I get is not really compensatory. Right now I may look like a cancer survivor but the after effects of the radiation and chemotherapy has me in a different world. I am walking down the road and drifting without direction," Daisley said.
Anand Ramlogan, SC, who lead Daisley's legal team, also expressed satisfaction with the decision as he claimed that it would assist other workers who contracted serious illnesses in work, that only presented themselves after retirement. He also called upon company's to put measures and procedures in place to shield their workers from dangers in the workplace both tangible and intangible.
"I think this is a red letter day for the energy sector and petro-chemical sector in T&T. There needs to be an urgent review of procedures designed to treat with workers' safety because occupational safety is just not about harnesses and falling off ladders.
"Many workers in the energy sector who suffer respiratory failure and other illnesses as a result of exposure over a prolonged period of time to harmful toxic chemicals and noxious fumes may now be entitled to sue if their health problems can be attributed to such exposure," Ramlogan said.
According to the evidence in the case, Daisley began working with the company in 1972 and retired in 2006. Two years after retirement Daisley was diagnosed by prostate cancer and Nasopharyngeal Cancer, a rare form of the disease which affects the nasal passage, throat and oesophagus.
Daisley was also represented by Gerald Ramdeen, Kent Samlal, Abdel Mohammed and Varun Debideen. Gregory Pantin and Debra Thompson appeared for the company.