- The Social Court of Pamplona takes the view that the deceased worked without means of protection for asbestos. In the past, Fagor Ederlan Tafalla was tried by a similar case.
The Social Court No 2 of Pamplona has ruled that Fagor Ederlan must pay a surcharge of 40% to the widow of a worker who died as a result of asbestos. ELA reports that the court on 29 September ruled that the company did not take the necessary safety measures in response to occupational exposure to asbestos.
The judicial ruling states that the deceased worker “handled asbestos washers without means of protection, without environmental measurements and without specific laundry protocols” between 1977 and 1992. It is further noted that the company did not carry out the occupational risk assessment until 2004.
The court therefore dismisses Fagor Ederlan Tafalla S.K. demand submitted by the company and condemns a 40% increase in social security benefits.
Likewise, the Fundación Bidelagun, an entity created by ELA to fight precarization and occupational accidents, has reminded Fagor Ederlan Tafalla S.K. This is the second judgment against the company for the lack of protection measures against asbestos.
The Foundation has described it as “incomprehensible” that the company continues to deny what it has shown and has asked it to “not unnecessarily prolong the judicial path, because it only increases suffering”. Bidelagun and the ELA themselves have also demanded that public institutions “allocate resources to effectively guarantee the right to health of the working class” during the parliamentary process of the Asbestos Victims Compensation Fund.