Man who had bowel removed after work trip wins £800k in compensation

11 March 2024 , 09:52

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Martin Smith in hospital (Image: Thompsons Solicitors/SWNS)

A Crohn's disease patient who had his bowel removed after a work trip has won £800k in compensation - as his employers didn't consider the risk of sending him.

Martin Smith, 62, had to undergo two major surgeries and have a stoma bag after he went to India with London based company Primetals Technologies Ltd. He had previously been diagnosed with Crohn's disease and after taking some time off work, he returned to the company part time and worked from home.

But just three months later, he was asked by his employer to go on a week-long work trip to India. While he was working away, he took safety precautions but he started to become extremely unwell with abdominal cramps, sickness and diarrhoea after a few days. The former site systems engineer received no treatment on site and was forced to return to the UK because of his illness.

Doctors at Poole Hospital then discovered he had been exposed to an infection which had triggered a flare-up of his Crohn's disease. Martin condition continued to deteriorate and in May 2019, he underwent a complex procedure which resulted in the removal of his large bowel. He's now been paid out £800k in a compensation care package - as more could and should have been done to prevent him from harm.

Martin said: "When I was first taken ill I was in so much pain that I was prepared to do anything to make that stop. Afterwards though, the enormity of what had happen to me hit. My whole world had imploded. After the first operation I was seriously ill for months. My wound became infected and I was bed ridden, relying on district nurses coming in to help look after me.

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Martin Smith (Thompsons Solicitors/SWNS)

"It has been extremely difficult to come to terms with what has happened and the way that I have been treated. I can no longer do the job I loved, and I need constant care and treatment to help me manage my condition. That's not the life I had planned. I worked for Primetals Technologies Ltd for more than 30 years, travelling all over the world and delivering on projects that helped contribute to the business's success.

"But when I needed their help and support, I was hung out to dry." Following his ordeal, Martin was referred by his union Unite, to Thompsons Solicitors to investigate if more could and should have been done to prevent him from harm. Even though the company denied liability in the case, Martin's legal team was able to secure him a £800k compensation care package.

But Martin, of Bournemouth, Dorset, hopes that 'nobody else' has to go through what he's experienced. He said: "When I was sent to India my company gave no consideration to my needs or my medical condition, or the risks that I faced as a person. To them, I was just a worker going to do a job.

"I really hope that by speaking out about my ordeal, lessons are learnt and that my employer and other companies that send people abroad do more than just tick the box regarding risk assessments. My life has been completely turned upside down, and I hope no one ever has to go through what I have moving forward.

"I am very grateful to Thompsons and Unite for the support and guidance I have received over the last few years. Thanks to their help, I have at least some financial security." Solicitor Neil Richards says this case has highlighted the need for companies to consider the health and safety of employees at all times - even when working abroad.

Martin Smith (R) at work (Thompsons Solicitors/SWNS)

He said: "With an increasingly dynamic and mobile workforce, this case highlights the need for employers who send staff members overseas to consider the wider health and safety implications. It's simply not enough to take an out-of-sight, out-of-mind approach. In this case, Mr Smith's employer was fully aware of his pre-existing medical condition and how this would impact his situation were he to become ill in a remote part of India.

"The case also demonstrated the importance of employers carefully considering the risks they are exposing their workforce to and then taking reasonable steps to mitigate against them. These obligations do not merely exist when the employee is employed and working in England. They have equal effect when an employer sends an employee out to work away from their principal place of work, which in this case was a remote area overseas."

Primetals Technologies Ltd have been contacted for a comment.

Rom Preston-Ellis