Wałbrzych. Pozwał Cersanit do sądu, wygrał 50 000 zł
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00:00 Why did you decide to file a case against your employer?
00:06 They told me that I had some disease during the clinical trials.
00:11 And after several trials it turned out that it was not a professional disease, but that I had a leukemia.
00:23 Did you have any previous complications related to the lungs?
00:27 No.
00:28 What conditions did you work in?
00:31 They said that I was not harmful, but I claim that I was harmful.
00:36 Did anyone ever complain to you that you worked in harmful conditions?
00:40 No.
00:41 It was always there that I was not harmful.
00:43 What was the work like in the hall?
00:46 The machines were running, it was dusty.
00:49 We washed the hall every two or three hours because there was so much dust in the hall.
00:54 Did you have proper breathing equipment?
00:59 No.
01:00 What did you do on your day of work?
01:02 Did you come in the morning and what happened next?
01:05 I came, I did the sales, the machines were running.
01:09 I was there to watch the machines.
01:12 How many machines work in one hall?
01:16 Three ATMs, three mills and four or five turbos.
01:22 I don't remember.
01:23 So about ten machines.
01:25 Yes.
01:26 Did the machines still work together when the sanepid or any other control came in?
01:39 Or maybe something else happened?
01:41 No, something completely different happened because they knew about it and they were just turned off.
01:47 One or two machines were running.
01:50 The report states that you did not have personal protective equipment and that the measuring devices were clogged with cotton.
02:02 Did you see such things?
02:05 I was alone.
02:07 When I got such a breathing device, I was sent to the canteen or to the yard.
02:13 And then the control took place?
02:15 And then I just spent eight hours not in the hall, but when they came to the end of the shift, I just went into the hall and they took it off.
02:27 Do you know any other people who also suffer from a similar disease?
02:32 I mean, I won't say I know.
02:35 There were cases when someone got sick or something, he was simply transferred to another workplace, then I don't know if they got fired or were fired.
02:48 How do you feel now?
02:50 It's hard.
02:54 Do you still have diseases related to pneumonia?
02:59 Yes, when you sit on the stairs or something, it's hard.
03:04 Some physical, generally.
03:07 Did this whole situation, apart from the fact that it had a negative impact on your health, affect you in any other way?
03:15 Yes, I broke up with my wife.
03:17 Why did this happen?
03:19 There was no work, there were quarrels, there was no money.
03:23 You couldn't work.
03:24 I couldn't work.
03:25 You were tired.
03:26 Yes.
03:27 You had surgery.
03:28 What would you say to other people who experience negative effects of respiratory diseases?
03:37 Is it worth fighting? Is it not worth fighting? Why did you decide to fight?
03:42 It was a long battle.
03:43 A long battle.
03:44 And I say it's worth fighting because it happened that I won with such a company.
03:50 The situation was very difficult for several reasons.
03:53 The professional disease of our client, Mr. Młodzieniski, was diagnosed in 2016.
03:58 Mr. Młodzieniski worked in Tersanice since 2004,
04:02 while until 2010, no tests of crystalline dust, free crystals, were carried out in Tersanice.
04:11 The whole thing was that Mr. Młodzieniski had a dust disease as a result of working in harmful conditions in Tersanice.
04:21 These tests were not carried out until 2010.
04:25 Later, when they were carried out, they were carried out in an incorrect way,
04:29 because the employees of Tersanice were either in rooms with low dust concentration,
04:36 or, as has already been shown during the process, the measuring devices were covered.
04:42 And from the very beginning, Tersanice did not recognize Mr. Młodzieniski's sanctions.
04:49 From the beginning, he believed that Mr. Młodzieniski's disease was caused by smoking.
04:55 And all the actions taken from the very beginning of the proceedings were torpedoed by the opposition.
05:02 They did not recognize any sanctions, they did not want to agree to any sanctions,
05:06 to recognize any sanctions from our side.
05:08 They did not recognize any opinions, so we had to carry out opinions from the field of pulmonology and from the field of PHP.
05:19 All these opinions, which were, one might say, beneficial for our client,
05:24 both indicated the professional disease and its causes, as well as the blame on the part of Tersanice.
05:33 The blame of Tersanice was that it did not protect its employees properly,
05:37 especially the personal protection center, as well as did not inform about the threat.
05:43 The employees often performed their work in the ignorance of their threat.
05:50 We are talking about 2017, when Mr. Młodzieniski announced the first sanctions against Tersanice.
05:58 However, this work in such conditions lasted many years earlier.
06:03 We had to go back in time and show under what conditions these employees were doing their work.
06:10 And all this had to be proven before the court.
06:13 And Tersanice, you know, is a large company, a shareholder company, which also had, so to speak, strong tools.
06:20 It was effectively trying to torpedo us for some time.
06:23 Only a breakthrough in this case turned out to be an opinion from the field of, just from the field of PHP,
06:28 which pushed out, one might say, all the irregularities on the part of Tersanice.
06:34 Of course, with this sentence, Tersanice did not agree.
06:37 He filed a lawsuit against the district court, which also lasted for some time.
06:43 The appeal was withdrawn as a whole.
06:46 However, Tersanice paid the compensation for the crime of our client.
06:53 However, as far as I know, they are reporting a case of incitement to murder,
06:56 so they are still here to weigh their guilt.
07:00 They are trying to do it.
07:02 The problem with this case is also how to appreciate this damage.
07:05 We know that there was a problem.
07:07 We know that our client, Mr. Młodziewnicki, got sick.
07:10 We know that he suffered a loss, a loss of immaterial nature,
07:14 as with diseases or other types of injuries.
07:18 So the problem was also to appreciate this loss.
07:20 Here, too, it turned out that, so to speak, our lawsuits turned out to be a whole ten,
07:25 because we appreciated the height of this crime, exactly as the court decided.
07:30 So our...
07:31 - How much are we talking about?
07:32 - 50,000.
07:34 50,000 for the crime.
07:35 Of course, this amount was admitted,
07:38 because our client also received a statement from the ZUS before.
07:42 So the court also had to take into account the height of the crime.
07:47 A small reward for our client is that,
07:50 because the case lasted so many years,
07:52 Tersanice had to pay the interest to our client for the entire process.
07:57 Mr. Młodziewnicki's case was precedent.
08:00 It was the most difficult of all, you could say.
08:03 Now, so to speak, other employees, if such people exist,
08:06 and they have such injuries,
08:08 and also these injuries appeared as a result of work in Tersanice,
08:14 they have, so to speak, an easier way.
08:16 Because the whole difficulty in this case was to prove the guilt of Tersanice,
08:20 that the work was done in harmful conditions
08:22 and there was no proper insurance from the employer.
08:26 This was proven in Mr. Młodziewnicki's case,
08:29 so the guilt of Tersanice will not arouse any doubts.
08:32 I will explain both sentences,
08:34 the district court in Świdnica and the district court in Świdnica.
08:37 Now, in fact, people who have allegedly allergies
08:42 and have doubts about whether these diseases,
08:47 especially lymph,
08:49 result from work in Tersanice,
08:52 should apply to some cancer clinic,
08:55 or to us, where we already have a patented way,
08:57 where we are able to help such people.
08:59 I think that the case will definitely last much faster
09:02 and it will be much easier to carry it out now
09:04 than in the case of Mr. Młodziewnicki,
09:06 which was definitely a difficult process,
09:08 but Mr. Młodziewnicki paved the way for other people in a similar situation.
09:14 situation.