Claim compensation for lung damage
If you have suffered lung damage or a respiratory illness due to the negligence of a third party, we can help you claim compensation for you injury and related financial losses.
How Much Could You Claim?

Lung Damage Claims

Lung damage symptoms, such as breathing difficulties, tiredness, and chronic cough, can significantly affect your daily life and well-being. You may be unable to work anymore or engage in activities you once enjoyed, such as running, playing football, or even walking your dog. In severe cases, respiratory and lung diseases can be life-threatening.

If you suffered lung damage due to someone else’s negligence, you might be able to claim compensation. In most cases, lung damage claims are related to chronic conditions caused by your working environment, such as exposure to asbestos or silica dust. Other causes of lung damage include medical negligence, criminal assaults and road traffic accidents.

To find out if you are entitled to claim compensation, call 0800 032 3660 or request a call back for a free consultation with an experienced solicitor.

Signs and symptoms of lung damage

Lung damage can manifest in various ways depending on the cause and severity of the injury. Some of the most common signs and symptoms include:

  • Shortness of breath (dyspnoea) is one of the most common symptoms of lung damage. Depending on the extent of the damage, it may occur during physical activity or even at rest;
  • Persistent cough. A chronic cough that lasts for weeks or months, which may produce mucus or blood;
  • Wheezing. Wheezing is a high-pitched whistling sound that occurs when you breathe, often indicating narrowed airways or inflammation in the lungs;
  • Chest pain. Lung damage can cause chest pain that is sharp or dull and may worsen with deep breathing, coughing, or laughing;
  • Fatigue. Feeling tired or lacking energy can be a symptom of lung damage, as the body may not get enough oxygen due to compromised lung function;
  • Cyanosis is a bluish discolouration of the lips, fingertips, or skin that indicates a lack of oxygen in the blood;
  • Clubbing of fingers or toes. In advanced cases of lung damage, the fingertips and toes may become enlarged and rounded, known as clubbing;
  • Weight loss. Unexplained weight loss can occur due to increased effort to breathe and decreased appetite;
  • Chronic respiratory infections. Frequent respiratory infections, such as bronchitis or pneumonia, may indicate underlying lung damage.

If you are experiencing any of these symptoms, seeking medical attention as soon as possible is crucial for proper diagnosis and treatment.

Types of lung diseases that could result in a personal injury claim

If you suffered a lung injury or illness due to workplace conditions, exposure to hazardous substances, or other forms of negligence, you may have a claim for compensation. Some diseases that may lead to a successful lung injury claim include:

  • Asbestosis is caused by prolonged exposure to asbestos fibres, leading to lung tissue fibrosis and scarring. It mainly affects jobs such as construction and shipyard workers.
  • Silicosis is a lung disease caused by breathing in tiny bits of silica, often found in sand, quartz, or granite dust. Silica dust is commonly found in mining, construction, and manufacturing industries.
  • Pneumoconiosis refers to lung damage caused by breathing in certain types of dust, such as from coal or metals. These build up in the lungs over time, causing breathing difficulties, most often in industries like mining and metalworking.
  • Asthma is a lung condition that causes swelling and narrowing of the airways, making it hard to breathe. It can be triggered by exposure to allergens or irritants in the workplace, such as chemicals, dust, or fumes.
  • Acute respiratory distress syndrome (ARDS) is a severe lung condition that can be caused by infections, injuries, or inhaling harmful substances. It leads to rapid breathing, low oxygen levels, rapid heart rate and altered mental state.
  • Chronic obstructive pulmonary disease (COPD) is a progressive lung disease caused by long-term exposure to cigarette smoke, air pollution, or workplace hazards. It causes chronic cough, shortness of breath and chest tightness.
  • Lung cancer occurs when cells in the lungs grow abnormally and uncontrollably, forming tumours that can interfere with their normal function. Mesothelioma is a rare form of lung cancer, often caused by exposure to asbestos.

What treatments are available for respiratory diseases?

The treatment options for lung damage and respiratory diseases depend on the specific condition and its severity. Some common treatments include:

  • Medications like bronchodilators and corticosteroids, which relax the muscles around the airways and reduce inflammation to improve breathing;
  • Lifestyle changes, such as quitting smoking and avoiding exposure to environmental pollutants and allergens;
  • Oxygen therapy for individuals with low blood oxygen leaves to relieve symptoms such as shortness of breath;
  • Pulmonary rehabilitation, a program that includes exercise training, education, and counselling aimed at improving lung function and overall quality of life for individuals with chronic conditions like COPD;
  • Mechanical ventilation to support breathing and provide oxygen to the body in cases of respiratory failure or ARDS;
  • In some cases, surgical procedures may be recommended, such as the removal of a portion of the lung affected by cancer or a lung transplant.

Am I eligible to make a lung disease claim?

If you suffered a lung injury or were diagnosed with a lung disease, you may be able to claim personal injury compensation. A solicitor can let you know within minutes if you have a valid lung damage claim. They will verify whether:

  • The defendant owed you a legal duty of care;
  • They breached their duty through negligence or wrongdoing;
  • Their actions or inactions caused you to suffer a lung injury or illness.

Most claims for lung damage compensation are related to workplace exposure to harmful substances. Your solicitor will refer to legislation such as the Health and Safety at Work Act 1974 or the Personal Protective Equipment at Work Regulations 1992 to prove a legal duty and liability. If you were injured in other circumstances, they may refer to legislation such as the Road Traffic Act 1988 or the Occupiers Liability Act 1957.

Evidence needed to support a lung disease compensation claim

If you want to make a successful lung disease claim, you must be able to show how your injury occurred, who was responsible for it and how it has affected your life. The types of evidence your solicitor could use to start your claim include:

  • Medical records documenting the diagnosis, treatment, and progression of your condition;
  • Diagnostic tests such as X-rays, CT scans and pulmonary function tests;
  • Expert testimony from medical professionals such as pulmonologists who can provide opinions on the cause of the lung disease and your future care needs;
  • Documentation of workplace exposures to hazardous substances, such as asbestos, silica, chemicals, or dust;
  • Photographs or videos of workplace conditions or the accident that caused or contributed to your injury;
  • Records of safety training, workplace inspections, or incident reports related to exposure to unsafe substances;
  • Statements from witnesses to your accident or co-workers who can provide first-hand accounts of the working conditions or safety practices in the workplace;
  • Your notes about how you suffered the respiratory or lung disease and the pain, suffering and loss of amenity it has caused you;
  • You also need evidence of any related financial losses you want to include in your claim.

What are the different causes of lung damage?

A lung disease compensation claim can arise from various situations, such as:

  • Acute trauma. Traumatic events, such as car accidents, falls from heights or criminal assaults, can result in direct trauma to the chest. This can lead to traumatic lung injuries, which may result in long-term respiratory complications or chronic lung diseases.
  • Exposure to chemicals. Inhaling toxic chemicals or irritants can damage lung tissue, leading to inflammation, scarring, and impaired lung function.
  • Exposure to radiation. Ionising radiation can cause inflammation of the lung tissues, fibrosis, and damage to the pulmonary blood vessels. It also increases the risk of developing lung cancer in individuals exposed to high doses of radiation in occupational settings.
  • Environmental pollutants. Prolonged exposure to environmental toxins or industrial emissions can cause lung damage and respiratory diseases. Individuals living in areas with poor air quality may suffer from conditions such as asthma, COPD, or lung cancer.
  • Medical negligence. Failure to diagnose or treat respiratory conditions appropriately, surgical errors, or anaesthesia-related injuries can lead to a claim for medical negligence.
  • Smoke inhalation. Inhalation of smoke from fires, industrial accidents, or environmental disasters can cause acute or chronic lung damage and respiratory complications such as ARDS.

Can I claim compensation for work-related lung disease?

If you suffered an acute injury or occupational lung disease such as asbestosis due to your employer’s negligence, you can make a lung damage compensation claim. Types of employer negligence that could lead to an accident at work claim include:

  • Failure to provide adequate ventilation where airborne pollutants or irritants are present;
  • Failure to conduct risk assessments to identify workplace hazards that could cause lung damage and take measures to control or eliminate them;
  • Failure to provide proper personal protective equipment (PPE) such as masks or respirators when working with dangerous substances like asbestos, silica, chemicals, or fumes;
  • Failure to regularly monitor air quality and provide health check-ups in industries at high risk of lung damage;
  • Failure to follow safety protocols and regulations for the safe handling and disposal of hazardous materials such as asbestos or chemical solvents;
  • Failure to provide adequate breaks, rest periods and access to clean air in jobs that require exposure to environmental hazards;
  • Failure to offer employees adequate training on safe work practices and information about the risks associated with their jobs can also lead to a compensation claim.

You do not have to worry that your lung damage claim will affect your job, as you are protected by unfair and constructive dismissal laws. If your employer retaliates in any way, you can take further legal action at an employment tribunal.

Frequently asked questions

If you have further questions about claiming lung disease compensation, please refer to the section below. For more information about the claims process, do not hesitate to call 0800 032 3660 or enter your details here to request a free consultation with a legal adviser.

My partner has a lung disease, can I claim on their behalf?

If someone you love has developed a lung condition due to someone else’s negligence, you may be entitled to make a personal injury claim on their behalf. You can do this by applying to the court to be named as their litigation friend. This procedure is used when the injured party is a child under 18 or an adult who lacks mental capacity due to a condition such as Alzheimer’s, Down syndrome or a mental health disease.

As a litigation friend, you will have various responsibilities, such as liaising with solicitors, gathering evidence, and making decisions about the claim. If you secure lung disease compensation, you will also have to go to court, where a judge will determine whether the awarded settlement is fair.

How long do I have to start a claim for lung damage?

Under the Limitation Act 1980, you have three years to claim from the date of your accident. If you suffer from an industrial disease that developed over time, the three years will begin from when your condition was first diagnosed by a doctor. If you do not start legal proceedings within the allotted timeframe, your case will be statute-barred and no longer valid.

Some exceptions apply to this rule, such as:

  • With child injury claims, the three year countdown only begins on the child’s 18th birthday, from when they will have until turning 21 to start a lung disease compensation claim.
  • If the claimant lacks mental capacity, a litigation friend can make a claim on their behalf without any time limit.
  • If you lost a loved one due to lung damage or disease, you have three years to start a lung damage compensation claim after their death.

How much compensation could I receive for a successful lung damage claim?

The amount of compensation you are able to claim will depend on the type of lung injury you suffered and how it has affected your life. The compensation you deserve will be calculated based on two types of damages:

  • General damages cover the pain, suffering and other subjective losses caused by the damage to the lungs;
  • Special damages cover the related financial losses and expenses, such as private treatments, lost wages, care costs and medical aid.

According to our compensation calculator, you could receive £3,900 to £50,000 for asthma, £11,450 to £29,200 for moderate lung damage caused by asbestos exposure and £61,710 to £94,470 for a severe lung injury with loss of function.

What are the benefits of hiring a No Win No Fee solicitor?

If you have a valid claim for lung damage compensation, your solicitor will take on your case on a no win no fee* basis. You do not have to pay them anything upfront or if your case fails. You only pay your solicitor if your claim is successful and you receive compensation. In this case, they will get a success fee capped at 25% of your settlement.

As part of this service, you will also have After the Event (ATE) insurance against costs and disbursements incurred during litigation. These include court fees, medical reports, expert witness fees and the defendant’s solicitor costs.

If you would like to discuss your claim with an experienced legal adviser, please call 0800 032 3660 today or enter your details into our online form to request a call back.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.