Pulmonary fibrosis compensation claims

If you or a loved one has pulmonary fibrosis due to poor working conditions, you could be entitled to make a pulmonary fibrosis compensation claim.

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pulmonary fibrosis claims

Pulmonary Fibrosis Claims

Pulmonary fibrosis is a chronic and progressive lung disease that involves the scarring and thickening of the lung tissues. Its exact cause is unknown, but it is often associated with exposure to irritants such as wood and metal dust in the workplace.

Employers have a legal duty to take all reasonable measures to protect your health and safety at work, such as providing adequate protective equipment. If they have failed to fulfil their obligations and caused you to develop the condition, you might be eligible to make a pulmonary fibrosis claim.

To find out if you are eligible for compensation, call 0800 470 0474 today. Alternatively, you can fill in our online claim form and receive a no-obligation call back to discuss your case and legal options.

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    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.

    What is pulmonary fibrosis?

    Pulmonary fibrosis is a chronic lung disease that causes scarring and swelling of the air sacs and the tissue between the lung cells. When scarring and swelling occur, the scar tissues replace the healthy tissues in the lungs and cause inflammation. As a result of this damage, the lungs stiffen, and breathing becomes more difficult.

    Pulmonary fibrosis harms the tissues deep in the lungs, and this disease typically occurs in people over the age of 50. The condition varies in severity, and it can cause just a few mild symptoms or several severe ones. The exact cause of this disease is not known, but most cases are related to a condition known as sarcoidosis, which is a kind of fibrosis often associated with various occupational diseases.

    The diagnosis can be challenging, as pulmonary fibrosis can look like other, more common lung diseases and may involve:

    • Questions about your medical history and a physical exam
    • Blood tests to rule out other illnesses
    • A chest X-ray or CT scan to see how severe the scarring is and rule out other conditions
    • Breathing tests to assess how well your lungs work
    • Measuring the oxygen levels in your blood
    • A bronchoscopy, during which the doctor will look down into your airways with a camera
    • A lung biopsy, if other tests are not conclusive

    If you were diagnosed with the condition, you might be able to claim pulmonary fibrosis compensation. To have a valid case, your solicitor must be able to prove your employer failed in their duty to protect your health and safety at work.

    Common symptoms of pulmonary fibrosis

    This condition does not affect everybody in the same way, but some of the most common symptoms include:

    • Occasional chest pain
    • A dry cough that does not go away
    • Shortness of breath
    • Fatigue, no matter how much you sleep
    • Decreased tolerance for activity
    • Weight loss that is not on purpose or easy to explain

    Symptoms may vary depending on the cause of the condition. Their severity and progression can vary as years go by.

    There are many occupations where workers are at risk of developing pulmonary fibrosis. These generally deal with asbestos, metal dust, ground stone, etc. When particles of metal, coal or asbestos fibres are inhaled or ingested, they damage the air sacs in the lungs and cause fibrosis. This condition can also be due to exposure to some environmental agents, medications, ionising radiation, etc.

    Treatments and outlook for pulmonary fibrosis

    Unfortunately, there is no cure for pulmonary fibrosis, but some treatments can help slow down its progression and improve symptoms. These include:

    • Lifestyle changes, such as exercising regularly and quitting smoking
    • Medications such as pirfenidone and nintedanib that slow down the progression of fibrosis
    • Oxygen therapy to help improve oxygen levels in the blood and relieve shortness of breath
    • Pulmonary rehabilitation programs combine exercise, breathing techniques, and education to improve lung function
    • In severe cases, a lung transplant can significantly improve the quality of life and survival

    Pulmonary fibrosis gets worse over time, and the speed at which this happens can vary significantly from person to person. Some people experience a slow disease progression and may remain relatively free of symptoms for many years. Others, on the other hand, may find breathlessness debilitating and get rapidly worse. Early diagnosis and appropriate medical care are essential in improving the outcome and quality of life.

    Can I make a pulmonary fibrosis claim?

    If you have developed pulmonary fibrosis due to your working conditions, you might be eligible for compensation. The most straightforward way to find out if you have a valid claim is by getting some legal advice. A solicitor will offer you a free consultation to determine whether:

    • Your employer has neglected their duty to provide you with a safe and risk-free work environment
    • You were exposed to metal dust or other hazardous substances as a result
    • That has caused you to develop pulmonary fibrosis
    • You were diagnosed with the condition within the last three years

    If you are struggling financially and living with pulmonary fibrosis, you may also be entitled to state benefits, such as:

    • A Personal Independence Payment (PIP), if you need help with everyday tasks
    • An Attendance Allowance, if you have a severe disability and need someone to look after you
    • An Employment and Support Allowance (ESA), if you are under the pension age and your condition affects how much you can work

    At Injuryclaims.co.uk, we work in partnership with expert personal injury lawyers with extensive experience handling all types of industrial disease claims. For more information about making a pulmonary fibrosis claim, call 0800 470 0474 or enter your contact details into our online claim form. An experienced solicitor will be in contact as soon as possible.

    Can I claim if a loved one passed away due to pulmonary fibrosis?

    Unfortunately, pulmonary fibrosis is a progressive and terminal illness that has no cure. Sometimes, it can progress gradually over many years with relatively mild symptoms. However, the disease may worsen rapidly in other cases, leading to severe respiratory impairment and death.

    If you lost a loved one due to the condition, you could be able to make a pulmonary fibrosis compensation claim. Under the Fatal Accidents Act 1976, you could claim the following if you were a dependant of the deceased:

    • The loss of income, pensions and other financial benefits expected from them
    • The loss of services they provided, such as DIY projects, gardening or childcare
    • Reasonable funeral expenses, such as wreaths and the cost of a memorial
    • The financial losses and expenses incurred due to the disease before the date of death
    • A bereavement award for grief and suffering, which has a current value of £15,120

    The personal injury solicitors we work with will offer you a free consultation to discuss your situation and determine whether you are eligible to make a claim for compensation.

    Employer duty of care to protect against lung disease

    Employers have a legal obligation to provide a safe and healthy working environment for their employees. Their duties are set out by various legislation, such as the Health and Safety at Work etc. Act 1974 and The Control of Substances Hazardous to Health Regulations 2002. Under these regulations, some aspects of an employer’s duty of care include:

    • Conduct regular risk assessments to identify potential risks that could contribute to pulmonary fibrosis;
    • Have effective measures in place to control and minimise exposure to hazardous substances;
    • Provide proper training and education to employees about the risks associated with their job tasks;
    • Offer appropriate personal protective equipment (PPE), such as masks or respirators, to protect them from inhaling harmful substances;
    • Ensure that ventilation systems are properly designed, maintained, and functioning to remove contaminants from the air;
    • Have medical surveillance programs to monitor employees’ lung health, detect early signs of respiratory issues, and provide appropriate interventions.

    Your solicitor will investigate your case and determine whether your employer has breached their duty of care towards you. If liability can be established, you can start a pulmonary fibrosis claim against them.

    How much pulmonary fibrosis compensation could I receive?

    The amount of compensation you could receive if you make a successful claim for pulmonary fibrosis will depend on two types of damages that are considered in every case:

    General damages cover the pain, suffering, and negative impact on your quality of life caused by the condition and include:

    • Physical pain and suffering
    • Emotional and psychological distress, such as anxiety and depression
    • Loss of ability to carry out daily activities
    • Reduced quality of life and life expectancy
    • Loss of consortium or companionship
    • Loss of enjoyment of life

    General damages cover non-monetary losses that are difficult to quantify precisely. These are awarded based on historical cases and the compensation guidelines published by the Judicial College. Examples of potential compensation payouts include:

    • £8,480 to £18,240 for moderate symptoms such as shortness of breath
    • £16,580 to £27,450 for reduced lung capacity that will not have a significant effect on your life
    • £43,670 to £61,410 for pulmonary fibrosis that has a severe, long-term impact on your life
    • £80,250 to £119,210 for severe lung damage caused by pulmonary fibrosis

    In addition to the above, special damages compensate for specific financial losses and expenses based on actual costs incurred due to the condition, such as:

    • Costs of medication, rehabilitation and ongoing private treatment
    • Cost of medical aids related to managing the disease
    • Compensation for income lost due to being unable to work
    • Caregiver expenses, if you need help with daily tasks
    • Modifications to the home to accommodate your needs
    • Costs associated with travelling to and from medical appointments and treatments

    Special damages are based on the evidence you can produce, like invoices and receipts, so make sure to keep any documents related to your financial losses. Your solicitor will consider everything you have been through to negotiate the best pulmonary fibrosis compensation amount on your behalf.

    Time limits to claim pulmonary fibrosis compensation

    Pulmonary fibrosis is a condition that develops over time due to exposure to certain types of dust or viral infections. Therefore, as with other industrial injury claims, the time limit to start a pulmonary fibrosis compensation claim is three years from the date you became aware of your illness. If you miss the deadline, your case might become time-barred, and the court will no longer accept it.

    If an individual does not have the mental capacity to claim, there is no time limit for a litigation friend to take legal action on their behalf. This might apply if the claimant suffers from a condition such as:

    • Dementia or another neurodegenerative condition
    • A mental health disorder like schizophrenia
    • A traumatic brain injury or stroke
    • An intellectual disability
    • High levels of stress or severe sleep deprivation

    If a loved one passed away due to pulmonary fibrosis, you could claim compensation within three years of their death. Alternatively, the three-year time limit may start when a post-mortem has confirmed the cause of death as being work-related pulmonary fibrosis.

    Can I make a No Win No Fee claim for pulmonary fibrosis?

    If you have valid grounds to start a pulmonary fibrosis claim, the solicitors we partner with will offer you a no win no fee agreement*. This service gives everyone the chance to claim compensation for an injury, regardless of their financial situation.

    If you make a no win no fee claim, you do not have to pay anything upfront for legal representation. Moreover, you only pay your solicitor if they win your claim. In this case, they will get a success fee of up to 25% of your compensation award.

    If you lose, you will not be left out of pocket. Besides not having to pay your solicitor, you will not have to cover any legal fees and expenses incurred during the claims process. That is due to the After the Event (ATE) insurance policy your solicitor will take out on your behalf before starting legal proceedings.

    The ATE insurance policy is a legal expenses insurance that will cover the costs and disbursements associated with the claim if you lose, such as:

    • The defendant’s solicitor
    • Court and counsel fees
    • Medical reports
    • Expert witness fees
    • Paralegal and other staff time

    An experienced legal adviser can let you know if you can claim pulmonary fibrosis compensation on a no win no fee basis. To arrange a free case assessment, call 0800 470 0474 today or enter your details into our online claim form to receive a call back.

    Nick

    Last edited on 13th Feb 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.