Respiratory Disease Claims
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Read moreCompensation for occupational asthma
If you’ve developed asthma due to your working environment, you could have a valid claim for occupational asthma compensation.
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Asthma is a chronic respiratory condition that causes a narrowing of the bronchial walls. Some people have asthma as a naturally caused complaint. In contrast, others are diagnosed following their employment in an environment that does not make adequate provisions for the risks of respiratory illness.
Many industries and environments can cause occupational asthma due to the allergens, chemicals and pollution found on site. These include woodwork, agriculture, engineering and the healthcare industry. Under the UK Health and Safety laws, employers must take all reasonable measures to protect employees from harm and provide a safe environment that does not put them at risk of developing workplace asthma.
If you have been diagnosed with occupational asthma and your employer may be at fault for not taking adequate care to prevent the condition, you could be eligible to make an occupational asthma claim for compensation. For a free case assessment, call 0800 470 0474 today or arrange a call back with a friendly legal adviser.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Occupational asthma is an industrial disease caused or exacerbated by exposure to certain substances in the workplace. It is a respiratory condition that causes inflammation and narrowing of the airways, leading to symptoms such as wheezing, shortness of breath, chest tightness, and coughing.
The symptoms of occupational asthma usually develop gradually over time and can be triggered by exposure to various substances, such as chemicals, dust, or fumes found in some workplaces. The following are some of the most common causes of asthma at work:
Exposure to these will likely result in asthma within weeks, months or even years. It is important to note that once a person develops occupational asthma, even very low levels of exposure to the substance can trigger symptoms. Therefore, it is essential to identify the cause of the condition and take steps to prevent further contact with the trigger as soon as possible.
According to the Health and Safety Executive (HSE), there were an estimated 198 new cases of occupational asthma in 2019. This figure could likely be over ten times higher when undiagnosed cases and other work-related asthma symptoms are factored in.
Employers have a duty to take all reasonable measures to prevent exposure to harmful substances at work. If this duty of care is breached and an employee develops workplace asthma, they might be entitled to claim for occupational asthma.
If your asthma diagnosis is related to your work environment and your employer has failed to take adequate preventive measures, you will likely be entitled to compensation. However, you must make your claim within three years of your diagnosis to be considered a valid work accident claim.
It is doubtful that you will be eligible to claim occupational asthma compensation if more than three years have passed since your initial diagnosis. There are several exceptions to the three-year rule, such as if the claimant is under 18 or lacks the mental capacity to conduct legal proceedings.
To make a successful occupational asthma claim, the court must be satisfied that you have been diagnosed with the condition and that the liability lies with your employer. Your solicitor will work closely with you to establish and gather evidence to prove this. You can learn more about what you will need to support your claim in the section below.
To find out if you have a valid claim for work induced asthma, call 0800 470 0474 to receive a free case assessment with an experienced legal adviser. Or, if you prefer, you can enter your details to receive a call back and discuss your case, with no obligation to start legal proceedings.
To make a successful claim, your solicitor must prove that your employer did not adequately observe their duty of care and are liable for your condition. The solicitor will also be required to show that you have been diagnosed with occupational asthma and the severity of the illness. That will be done by having your symptoms assessed by an independent medical expert, which your solicitor will arrange on your behalf.
To assist your solicitor in building a strong occupational asthma claim, the following documents may be used where available:
Once the solicitor has collected all necessary evidence and supporting documents, they will build the strongest case to win the highest occupational asthma compensation award possible.
If your employer admits liability, your solicitor will negotiate your settlement directly with them or their insurer. If they deny responsibility for your work induced asthma, your solicitor can help you take your claim to court and argue your case before a judge.
Occupational asthma can affect individuals working in a wide range of industries, but the risk is higher in some workplaces. According to the Health and Safety Executive, some of the most high-risk occupations for workplace asthma include:
If you have developed asthma at work and you believe that your employer is responsible, you should contact a personal injury solicitor as soon as possible. They will evaluate your situation and give you free advice on your options. If you are eligible for occupational asthma compensation, they will also offer you a No Win No Fee* service, so you can claim without taking any financial risks.
Workplace asthma is caused by exposure to hazardous substances at work that cause inflammation and trigger an allergic reaction in your lungs. It can take years for symptoms to appear, and these can vary from person to person but typically include:
If your GP suspects that you have developed work-induced asthma, they may suggest several tests to confirm the diagnosis:
If the asthma is diagnosed quickly, the cause is identified, and you stop exposure to the trigger, the condition can sometimes disappear entirely. If symptoms continue, you may need to manage them and lower the risk of an asthma attack by using an inhaler or allergy shots.
The long-term effects of occupational asthma can vary depending on the severity and duration of exposure to the triggering agent. Some possible long-term effects of occupational asthma can include:
It is essential to seek medical attention if you suspect you suffer from occupational asthma and to take steps to prevent further exposure to the triggering agent to minimise the risk of long-term effects.
Under UK law, employers have a duty of care to protect their employees from harm and provide a safe working environment. This duty of care extends to protecting workers from developing occupational asthma and is stated by legislation such as:
Under these laws, employers are expected to take reasonable steps to control asthma caused by work-related conditions, such as exposure to dust, chemicals, fumes, or other respiratory irritants. Employers can take several measures to prevent asthma at work, including:
If your employer has failed to fulfil their duty of care and you developed occupational asthma, you might be able to claim compensation.
All employees are legally entitled to make a claim against their employer if they are injured at work through no fault of their own. Your employer is legally obliged to ensure that your occupational asthma compensation claim does not adversely affect your working terms and relationship.
If your employer makes it difficult for you to continue working for the company following a claim or if they try to dissuade you from progressing with the case, they are breaking the law. The law protects employees from unfair treatment or retaliation in such circumstances, and you will be able to make a further claim against them under employment laws.
All UK employers are legally obliged to take out liability insurance, which covers them against such claims. That means you can rest assured that any compensation awarded will be paid by the employer’s insurance company rather than the business directly.
The amount of money you are awarded following a successful occupational asthma claim will depend upon the individual details of your case. Your solicitor will offer you a free, no-obligation consultation to review the details of your employment and diagnosis. Once they have evaluated your case, the solicitor will be able to use their knowledge and experience to offer you a realistic guideline of the likely award that you will be offered. That will allow you to manage your expectations throughout the claims process.
To achieve the amount of compensation you rightfully deserve, your solicitor will gather as much evidence as is available to prove your employer’s liability and the severity of your condition. As well as receiving an amount for the pain and suffering caused by your illness, you can also claim for financial losses sustained. These can include:
When calculating the compensation for the actual injury and the pain and suffering it has caused you, your solicitor will refer to the guidelines published by the Judicial College. According to these, you could receive:
Once your personal injury lawyer has gathered all the documentation and evidence to support your case, they will be able to also give you a realistic estimate of your occupational asthma compensation.
In the UK, there is a three-year limitation period to start a claim starting from the date of an accident or when you became aware of an injury or illness. Occupational asthma is a chronic lung disease that can sometimes take years to develop. This means the three-year period to start an occupational asthma claim begins when a medical professional diagnoses the condition.
Claiming occupational asthma compensation can be a complex and laborious process. Gathering evidence to prove liability and how you developed the illness could potentially take many months, so it is always best to seek legal advice as soon as possible after finding out about your condition. That will give your solicitor plenty of time to build a strong case and ensure you do not miss any crucial deadlines.
There are several exceptions to the three-year time limit, which include, but are not limited to:
Yes, the injury solicitors we work in partnership with are pleased to offer clients the opportunity to make an occupational asthma claim on a No Win No Fee basis. This means you will not be at any financial risk in your pursuit to access the compensation you rightly deserve. You will not pay any solicitor fees if they cannot win your case. The many benefits of a No Win No Fee service include:
To find out if your case has merit or learn more about the No Win No Fee claims process, call 0800 470 0474 for a free consultation with a friendly legal adviser. Alternatively, enter your details into the contact form below, and a legal adviser will call you back.