The Labor Chamber of the Superior Court of Justice of the Basque Country (TSJPV) has awarded the spouse of a former worker of the corporate Patricio Echeverria from Legazpi (Gipuzkoa) a widow’s pension derived from an occupational illness because of publicity to asbestos.
The TSJPV thus revokes the sentence handed down by the Social Court quantity 4 of San Sebastián, which had denied this proper to the widow, alleging, amongst different issues, that the deceased employee “smoked and had a major tobacco behavior”.
As defined by the ELA union in a press release, the Social Chamber of the TSJPV revokes “the standards of the occasion and considers that the employee’s ailment, small cell lung carcinoma, for which he died, derived from neoplastic lung illness, should be categorised as an occupational illness, regardless that he himself was a smoker”.
The ruling additionally states that the small cell carcinoma from which the plaintiff’s husband died “needs to be related with the work that the deceased carried out, work that he did with a crane with which he needed to function the ingot molds that acquire the metallic from the laundry”.
The court docket remembers that “the sales space was not closed till 2003, and as such, the metal mill the place he labored all through his working life used asbestos and eliminated asbestos between 2002 and 2010” so it’s doubtless that the employee was uncovered.
Compensation fund for victims
Bidelagun, a basis created by ELA to advertise occupational well being, has denounced that “households affected by occupational illnesses derived from publicity to asbestos, as on this case, endure on this San Sebastián court docket “a re-victimization with sentences that ignore the jurisprudence itself of the Social Chamber of the TSJPV, as is the case of smoking”.
Finally, they’ve recalled that occupational illnesses derived from contact with asbestos “are a rising phenomenon and of virtually pandemic dimensions, derived from inadequate public management and absolutely the lack of safety measures by firms in the course of the previous twentieth century”.
They additionally demand that “the Regulations for the event of the Compensation Fund for victims be authorized, which ought to have already been authorized on January 20 and with out which they can’t entry the compensation contemplated in mentioned Fund.”