A landmark court decision to award compensation to a man whose lung cancer was linked to inhaling toxic welding fumes establishes a series of crucial precedents, Australian manufacturing union AMWU has said.
AMWU health and safety experts said the Victorian County Court decision was an Australian first and recognised that light smoker Anh Tran’s risk of contracting lung cancer had been raised by working in a small welding shop in south-east Melbourne.
Victoria’s health and safety and compensation agency WorkCover had refused workers compensation on the basis that Mr Tran had been a regular smoker. But the court accepted the evidence of medical experts who said former welders were 44 per cent more likely to get lung cancer than the general population.
AMWU said the decision has big implications for other people seeking workers’ compensation for cancers they claim are work-related. Mr Tran, who was not a union member, worked six days a week welding galvanized fences for pools and railways using stainless steel wire.
“This decision is significant in recognising the link between welding fumes and the potential for lung cancer. It shows the need for a strong union presence in an industry which is potentially highly hazardous, where proper health and safety practices must be strictly adhered to,” said AMWU national safety coordinator Deborah Vallance.