COPD Claims

Chronic obstructive pulmonary disease (COPD) is a term that describes a group of lung conditions that can affect many aspects of your life. These include emphysema and chronic bronchitis, which are typically caused by long-term exposure to irritants such as cigarette smoke, dust and chemicals.

The symptoms of COPD get worse over time and include coughing, wheezing and breathing difficulties. If your diagnosis is linked to your working conditions, you might be eligible to make a COPD claim for compensation. This could cover your pain and suffering and all the related financial losses, such as medical bills and time off work.

To find out if you are able to claim COPD compensation, call 0800 470 0474 or use our online claim form to arrange a call back. You will receive a free consultation with an experienced legal adviser who will assess your case and answer all your questions.

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Table of Contents

• What is Chronic Obstructive Pulmonary Disease (COPD)?
• COPD diagnosis and treatment
• Living with COPD
• Can I make a COPD compensation claim?
• What evidence do I need to claim compensation for COPD?
• What jobs are most at risk of COPD?
• What types of negligence can lead to a COPD claim?
• Frequently asked questions
• What is the time limit for personal injury claims?
• How much compensation can I claim for COPD?
• Could I lose my job if I make a COPD claim against my employer?
• Will my solicitor offer me a No Win No Fee service?

What is Chronic Obstructive Pulmonary Disease (COPD)?

COPD is a progressive lung condition characterised by chronic inflammation and airflow limitation in the lungs. It encompasses a group of lung diseases, of which the most common are emphysema and chronic bronchitis. These are typically caused by exposure to irritants such as coal dust, silica dust, flour, tobacco smoke and welding fumes.

The symptoms of COPD often worsen over time and can significantly impact daily activities and quality of life. They include:

• Shortness of breath, especially during physical activity or exertion
• A chronic cough, which may produce mucus or sputum and is often worse in the morning
• Persistent wheezing or a rattling sound when breathing, particularly when exhaling
• A sensation of tightness or pressure in the chest
• Fatigue and reduced energy levels
• Frequent chest infections, such as colds, flu and pneumonia
• Unintentional weight loss, particularly in the advanced stages

People with COPD also have an increased risk of other health issues, such as heart problems, weak muscles, brittle bones, depression and anxiety. Early detection and management of COPD are essential to improve symptoms and overall quality of life.

COPD diagnosis and treatment

If you experience any of the symptoms above that do not improve with treatment, you should seek medical advice as soon as possible. To diagnose your condition, your doctor will:

• Ask you about your symptoms, smoking history and exposure to lung irritants;
• Listen to your lungs and check for signs of breathing difficulties;
• Conduct a spirometry test to measure how much air you can exhale and how quickly you can do it;
• Order other tests, such as chest X-rays or CT scans, to rule out other lung problems and see the extent of the damage;
• Measure how well your lungs bring oxygen to your blood and remove carbon dioxide;
• Order blood tests to look for other conditions that can cause similar problems, such as low iron levels or a high concentration of red blood cells.

Unfortunately, there is no cure for COPD, but some treatments and lifestyle changes can slow its progression and control the symptoms. These include:

• Quit smoking and avoid lung irritants
• Maintain an active lifestyle with regular exercise
• Medication like bronchodilators to relax muscles around the airways
• Corticosteroids to reduce the inflammation in the lungs
• Oxygen therapy if your condition is severe
• Yearly flu shots and pneumonia vaccines to prevent infections that can worsen COPD symptoms
• Pulmonary rehabilitation – a programme of exercises and education to improve breathing
• Surgery or a lung transplant may be an option for a limited number of people with severe COPD

Living with COPD

Living with COPD can be challenging, especially as the condition progresses. You may not be able to work anymore and may be forced to give up some activities you previously enjoyed, such as playing sports or even walking your dog. Your family and loved ones may also have a hard time adjusting to your condition.

It is essential to look after yourself and take the prescribed medicine to prevent severe flare-ups. As stated above, it is imperative to quit smoking if you are a smoker and exercise regularly to improve symptoms and quality of life. You should also schedule regular appointments with your doctor to review and monitor your condition.

Living with a chronic illness like COPD can be emotionally challenging. Do not hesitate to seek support from friends, family, support groups, or mental health professionals when needed. If your condition is work-related, you may be able to claim compensation for the resulting pain, suffering and financial strain.

Can I make a COPD compensation claim?

If you were diagnosed with COPD due to exposure to chemicals or other irritants at work, an experienced solicitor could help you claim compensation. Before taking on your case, they will verify whether:

• Your employer breached their legal duty of care towards you through negligence
• You developed chronic obstructive pulmonary disease due to their breach of duty

Your solicitor will be able to prove negligence by referring to workplace legislation, such as the Personal Protective Equipment at Work Regulations 1992. If your employer has failed to take all reasonable measures to protect your health, they will likely be liable for COPD compensation. Below, you can read about the types of proof your solicitor may use to secure the compensation you deserve.

What evidence do I need to claim compensation for COPD?

Your solicitor will try to collate as much evidence as possible to make a successful COPD claim against your employer. They could use the following:

• Medical notes. A copy of your medical records, including diagnostic tests and imagining results, will prove the severity of your condition and its prognosis.
• Witness statements. You can gather statements from co-workers who can confirm your exposure to harmful substances at work.
• Visual evidence. If available, provide photographs or videos depicting hazardous conditions in the workplace, such as poor ventilation or lack of personal protective equipment.
• Your statement. Your solicitor will also ask you to confirm how you were exposed to irritants at work and how your condition has affected your life.
• Expert testimony. Reports from medical experts can help assess the link between your workplace exposure and chronic obstructive pulmonary disease.
• Employment records. Your occupational history will help establish how you were exposed to dangerous substances, such as dust or fumes, that contributed to COPD.
• Correspondence. If you raised concerns with your employer about your working conditions, you can use any related emails or letters to support your case.
• Financial evidence. Document any financial losses incurred as a result of COPD, such as medical expenses, lost wages, rehabilitation, and other related costs.

What jobs are most at risk of COPD?

Any jobs that involve exposure to respiratory hazards or airborne pollutants are at risk of COPD. However, some occupations associated with a higher risk of COPD, including:

• Construction workers breathe in dust, silica, asbestos, and other harmful substances found on building sites.
• Welders and metal workers inhale fumes, metal dust, and other harmful particles released when welding, cutting, and grinding metal.
• Miners and quarry workers deal with coal dust, silica dust, and other dangers when working in mines and quarries.
• Farmers and agricultural workers are exposed to dust, pesticides, fertilisers, and other chemicals on farms that can irritate the lungs and lead to COPD.
• Firefighters breathe in smoke, soot, and other harmful elements while fighting fires, which can harm the lungs and lead to COPD.
• Vehicle mechanics are around diesel exhaust, engine fumes, and other pollutants which can hurt their lungs over time.
• Bakers and food processing workers deal with flour dust, grain dust, and other allergens in bakeries and food processing plants.
• Painters and decorators breathe in paint fumes, solvents, and other chemicals used in their work.
• Foundry workers are exposed to metal dust, sand, and other dangers in foundries where metal is melted and shaped.

According to statistics from the Health and Safety Executive (HSE), COPD causes around 4,000 occupational deaths per year in the UK.

What types of negligence can lead to a COPD claim?

All employers must comply with the Health and Safety at Work Act 1974 and other relevant legislation to provide a safe working environment for employees. If you suffer from COPD because your employer breached their duty of care towards you, you may be entitled to compensation for your pain and suffering. Examples of negligence that could lead to a COPD claim include:

• They failed to carry out regular risk assessments to identify respiratory hazards;
• Failure to provide adequate ventilation in areas where there is dust, fumes, chemicals or other airborne pollutants;
• You did not receive adequate respiratory protection when working with irritants, such as face shields, masks and full-face respirators;
• Your employer did not provide adequate training and information on the risks of respiratory hazards, the use of protective equipment or how to handle hazardous substances properly;
• Failure to comply with health and safety regulations regarding air quality and hazard control measures;
• Your employer disregarded your complaints or concerns about unsafe working conditions and exposure to dangerous substances;
• Failure to provide health screenings and lung function tests for employees working in high-risk environments;
• Your employer did not provide regular rest breaks or job rotation to reduce exposure to respiratory hazards.

Frequently asked questions

While it cannot ease your pain and suffering, a chronic obstructive pulmonary disease claim can help you deal with the financial difficulties caused by your condition. Below, we have answered some of the most common questions about claiming compensation. For more information, please get in touch with an industrial disease solicitor by calling free on 0800 470 0474 or requesting a call back.

What is the time limit for personal injury claims?

As stated by the Limitation Act 1980, you can start a COPD compensation claim within three years of your diagnosis. After the three years have passed, the court will no longer accept your case, even if it has merit. There are a few exceptions to this rule:

• If the sufferer lacks mental capacity due to a condition such as Alzheimer’s or post-traumatic stress disorder (PTSD), there is no time limit. In this case, a litigation friend could start a claim on their behalf at any time.
• If a loved one has passed away due to complications from COPD, you have three years to start a claim after their death.

As a general rule, the sooner you start the claims process, the better. This will ensure the availability of evidence and help your solicitor build a strong case before the limitation date.

How much compensation can I claim for COPD?

COPD compensation amounts vary from case to case and depend on the extent of the suffering and financial losses caused by the disease. The claim will include factors like physical pain and suffering, mental distress, care costs, medical expenses and lost income if you are unable to return to work.

Based on our compensation calculator and the guidelines from the Judicial College, you could receive:

• Up to £15,860 for minor symptoms, such as mild breathlessness when exercising
• £24,950 to £48,080 for moderate to severe COPD that leaves you out of breath even after minor physical activities
• £43,670 to £61,410 for severe symptoms that have a significant impact on your daily life and overall health

Could I lose my job if I make a COPD claim against my employer?

If you developed COPD due to your employer’s negligence and you make an honest claim, they cannot sack you or take any other punitive measures against you. If your employer demotes you, bullies you, does not pay you or dismisses you for claiming compensation, you may take further legal action for unfair or constructive dismissal.

A solicitor can help you take your claim to an employment tribunal that will investigate your case and take any corrective measures it finds fair. The tribunal may order your employer to reinstate you, re-engage or compensate you, depending on the circumstances.

Will my solicitor offer me a No Win No Fee service?

If you have a fair chance of making a successful claim, your solicitor will handle your case on a no win no fee* basis. That means you do not have to pay them anything upfront or if your claim fails. Your lawyer will only get a success fee if they secure compensation, which is capped at 25% of your award.

Furthermore, they will take out After the Event (ATE) insurance on your behalf. This insurance policy will cover all your costs and disbursement if your case fails, including the defendant’s. This gives you the peace of mind of knowing that whatever happens, you will never be left out of pocket, even if your claim is unsuccessful.

To find out if you could be entitled to make a chronic obstructive pulmonary disease claim, call 0800 470 0474 for a free consultation with a personal injury lawyer. Or request a call back using our online claim form.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.