A north-east man has won £3.5 million in damages after his former employer failed to protect him from harmful dust.
Gordon Walters, a stone mason at Elgin Cathedral in the 1980s, was diagnosed with life-changing lung conditions which have confined him to a wheelchair.
He was not given a mask to wear while carrying out renovation and maintenance works at the cathedral.
The former Aberdeen Technical College student took Historic Scotland – as the liable agency for the UK Government’s Scottish Development Department of the Scotland Office, which was in his employer in the 1980s – to court, and has now won his case.
Today Mr Walters said he believes his life would be “totally different” had he been provided with the correct equipment, and that the negligence of his employers have put him through “absolute hell”.
Mr Walters’ lawyers argued that he was not given a mask to perform his duties, in spite of it being a requirement under health and safety legislation.
Thompsons Solicitors Scotland, who worked alongside the PCS trade union, secured a £3.5 million pay-out – believed to be one of the largest financial settlements for a worker diagnosed with Silicosis and SLE (systemic lupus erythematosus).
Both conditions are caused by inhaling small particles of stone dust.
He had to give up work
Mr Walters, who now lives in England, trained as a stonemason with the Scottish Development Department of the Scotland Office in the 1980s.
He worked extensively on the renovation and maintenance of Elgin Cathedral.
During that time he was exposed to significant amounts of stone dust with little or no breathing safety equipment provided.
After leaving his employment of the Scottish Development Department of the Scotland Office which became Historic Scotland, Mr Walters worked on other projects but with proper access to safety equipment.
But in the mid-1990s, he was forced to give up his career after being diagnosed with the autoimmune condition SLE.
He was then further diagnosed with Silicosis, a long-term lung disease caused by inhaling large amounts of dust, usually over many years.
Silica is a substance naturally found in certain types of stone, rock, sand and clay.
Once inside the lungs, it causes swelling and gradually leads to areas of hardened and scarred lung tissue.
After approaching his trade union, the case was referred to Thompsons Solicitors Scotland who established, with the help of respiratory consultants, that Mr Walters was exposed during his time at Elgin Cathedral.
Mr Walters’ condition has meant completely life-changing health problems which require full-time comprehensive care – which has been reflected in the size of his pay-out.
Mr Walters said: “The Silicosis and SLE I have developed through Historic Scotland’s negligent actions has put me through absolute hell.
“It has ravaged my body and means I have to be supported and cared for in almost every aspect of my daily life.
“The damages I have received will make it possible for all the proper care I need to be put in place but if only Historic Scotland has abided by accepted safety standards my life would have been entirely different.”
‘Truly appalling’
Lawyer Claire Campbell, a partner at Thompsons Solicitors who specialises in cases involving industrial lung disease, said: “ What this disease has done to Mr Walters is truly appalling.
“Silicosis and SLE are extremely cruel conditions but can be prevented by making sure people working with stone are properly protected.
“Historic Scotland completely failed in their duty of care to Gordon and the size of his damages reflect the sheer scale of that failure.”
Mark Serwotka, PCS union general secretary, said: “We are pleased to have helped secured this settlement for Gordon.
“We will continue to fight for our members wellbeing whatever the issue.”
In a short statement, a spokeswoman for Historic Environment Scotland (HES) said: “This action has not been brought against HES or Historic Scotland, but Historic Scotland’s predecessor body, the Scottish Development Department of the Scotland Office.”
A Scottish Government spokesman said: “Scottish Ministers have recently agreed to the settlement of this case from the 1980s.
“The circumstances of the case predate devolution and it was also before Historic Scotland was established as an organisation.”
He continued: “The Scottish Government is not funding the settlement from the funding for Historic Scotland’s successor body, Historic Environment Scotland.”
