Occupational Asthma Claims

Claiming For Occupational Asthma

Industrial Injury and Diseases Compensation / Occupational Asthma Claims

Occupational Asthma Claims

Asthma can be a very serious health condition that can significantly impair your ability to enjoy life and complete certain tasks. In some cases, it can be caused by coming into contact with certain gases, fumes and vapours in the workplace. In circumstances where conditions in the workplace have caused your asthma, it is usually referred to as occupational lung disease. You may already suffer from Asthma but have found that when you have been working or you are at work your symptoms get worse.  You may be able to claim for aggravation of your Asthma.

If you have been impacted by occupational asthma, you may be entitled to make a compensation claim. Our occupational illness experts at First Personal Injury are on-hand to help process and assess your claim.You do not need a diagnosis of Occupational Asthma in order to make a claim and you may be suffering from chest problems/ respiratory problems but these may also be connected with your work.

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Causes of Occupational Asthma

The professions that are most at risk of developing occupational asthma are: [br]

  • Cleaners
  • Electricians
  • Those who work in the food processing industry
  • Paint Sprayers
  • Agricultural workers
  • Joiners or those coming in to contact with wood dusts
  • Engineers / metal  workers
  • Any other occupations that cause you to come in to contact with dust particles or vapours

People who have come into contact with flour, grain, wood dust, latex or certain animals may also have a heightened chance of contracting the disease.

Employer Responsibility

All employers have a duty of care towards their employees to ensure their health and safety. This includes following the rules set by the Health and Safety Executive (HSE).

The Control of Substances Hazardous to Health Regulations 2002 form part of those rules. These regulations are specific to preventing diseases and illnesses caused by dangerous materials in the workplace. Your employer must adopt the required protocol for ensuring risks are minimised and/or prevented where possible.

Failure to adhere to health and safety laws means that your employer could be liable to pay compensation if you have developed occupational asthma as a result of their inability to protect you.

Statistics show that almost half of asthma sufferers are forced to change their job or have significant time off work due to their illness. If you have had to take time away from your job, you will be entitled to claim for loss of earnings you have experienced. You will also be able to claim compensation for expenses paid out and the pain and suffering you have gone through. There may also be advice that we can provide you with that will prevent you from losing your job if you are worried about notifying your employer.

How Much Compensation Can I Expect For My Occupational Asthma Claim?

Compensation is calculated through ‘general damages’ and ‘special damages.’ General damages covers the pain and suffering, as well as loss of amenity or function, that has occurred due to your illness or injury. Special damages covers financial losses incurred by your illness or injury. For example, if you have been unable to work due to your illness and have therefore lost income, this could be recuperated through compensation. Similarly, if you have had to pay for treatment or have incurred travel expenses to get to treatment, this could also be covered under compensation. Therefore, you should retain any receipts which highlight costs associated with your illness or injury.

Below are some general estimates which outline general damage compensation amounts depending upon the severity of your asthma:

Level of Asthma

Potential Compensation

  • Mild asthma, bronchitis and/or chest problems because of exposure to harmful substances

    Up to £4,110

  • ‘Relatively mild’ asthma-life symptoms

    £8,480 - £15,300

  • Moderate asthma, bronchitis or wheezing that has an impact on your day-to-day life and recovery within a few years

    £8,480 - £15,300

  • Chronic asthma and severe breathing difficulties

    £20,950 - £34,280

  • Permanent and disabling asthma resulting in consistent coughing, sleep disturbances and restriction on physical activities and the ability to work.

    £34,330 - £52,390

The time limit for bringing an occupational illness claims is three years from the date that you became aware of your symptoms and that they were caused by your work.  The time from when this three year timeline begins can however vary on a case by case basis and therefore if you think you have an allergy or any other occupational illness then please do not delay in calling us to discuss how we may be able to assist you.

How Much Compensation?

All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. Compensation is understood by looking at two specific factors: general damages and special damages.

General Damages

The pain and suffering that your injuries have caused are main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to based upon your injuries.

Special Damages

In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed.

Making Personal Injury Claims

If you have developed an illness due to someone else’s negligence, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.

First Personal Injury works with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury.