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INPRIMATU
Frozen lungs of a worker killed by asbestos: last door to do justice
  • CAF shall compensate the relatives of a worker who died of asbestosis after finding asbestos in his lungs. The company brought an action, but in the case of Donostia-San Sebastián on 2. The Court of First Instance has condemned him to pay EUR 133,665 for civil liability.
Urko Apaolaza Avila @urkoapaolaza 2020ko urriaren 06a

Celestino Tolosa died in 2008, working for years at the CAF factory in Irun. Almost ten years after his death, his lungs were frozen and in 2017, through tests performed at the Hospital de Santander, it was discovered that he had died from asbestosis due to asbestos used in his work.

They have since come a long way through the courts. In 2018, the High Court of Justice of the Basque Country ruled that asbestosis should be recognized as an occupational disease and, consequently, it is now the 2nd occupational disease of Donostia-San Sebastián. The Court has condemned the railway company of Beasain to compensate his family, daughter and widow with EUR 133,665 for "breaching a comprehensive health and safety regulation" of CAF.

The Association of Asbestos Victims, Asviamie, welcomed the ruling: “The company has frustrated its intention to hide the origin of many lung diseases,” he explained. CAF, in its appeal, argued that the worker smoked tobacco, in order to conceal his responsibility in the customs of individuals, according to this association.

Thus, the family members of the worker were aware of the truth a few years ago, justice has now been done by the judicial route, and there is only one last step to end the mourning, according to his words: “Excuse the company.”