Crohn’s disease sufferer, 62, who had to have his bowel removed after he caught stomach bug during work trip to India is awarded £800,000 compensation from his employer

  • Martin Smith, 62, worked for Primetals Technologies Ltd for more than 30 years 
  • Received no medical treatment and was forced to return to the UK 



A Crohn’s disease sufferer who had to have his bowel removed after catching a stomach bug on a work trip to India has been awarded £800,000 in compensation.

Martin Smith, 62, said his company Primetals Technologies Ltd didn’t consider the risk of sending him on the week-long trip to the sub-continent given his pre-existing bowel condition.

While he was working away he took safety precautions when around food but became extremely unwell with abdominal cramps, sickness and diarrhoea after a few days.

The site systems engineer from Bournemouth, Dorset, received no medical treatment and was forced to return to the UK, where doctors discovered he had been exposed to an infection which had triggered a flare-up of his disease.

His condition continued to deteriorate, meaning he had to have two major surgeries at Poole Hospital, including a complex procedure which resulted in the removal of his large bowel and led to him having a stoma bag fitted.

Mr Smith worked for the company for more than 30 years, but said he was ‘hung out to dry’ when he needed their help and support the most.

Martin Smith, 62, said his company Primetals Technologies Ltd didn’t consider the risk of sending him on the week-long trip to the sub-continen
Doctors at Poole Hospital discovered he had been exposed to an infection which had triggered a flare-up of his condition

He has now received £800,000 in a compensation care package from the London-based firm, as more could and should have been done to prevent him from harm. 

Mr Smith had previously been diagnosed with Crohn’s disease and after taking some time off work, returned to the company in January 2019 on a part-time basis.

In April 2019, he was asked by his employer to go on the trip to India.

It is very common for westerners to suffer from upset stomachs when they travel to India as they struggle to adjust to the climate and local food. 

Mr Smith 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. 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.’

The illness has left Mr Smith bed ridden and unable to do the job he loves ever again.

He now relies on nurses for the constant care and treatment he needs to help live with the condition. 

Mr Smith added: ‘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.

‘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.’ 

Following his ordeal, Mr Smith 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, Mr Smith’s legal team was able to secure him the compensation care package.

Mr Smith said he hopes ‘nobody else’ has to go through what he’s experienced.

Even though the company denied liability in the case, Mr Smith’s legal team was able to secure him the compensation care package

He said: ‘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 said the case has highlighted the need for companies to consider the health and safety of employees at all times – even when working abroad.

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.’ 

Primetals Technologies Ltd, which provide metal producers with technological solutions and services, been contacted for a comment.

Reference

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