Occupational Asthma Claims
If you have developed asthma from your working conditions, then you may have grounds to claim occupational asthma compensation. We work with the UK’s leading solicitors to claim maximum compensation on behalf of our clients.
We seek compensation to help you cover any associated medical costs, as well as making up for loss of earnings and detriment to your lifestyle. Contact us today and find out how we can help you claim the occupational asthma compensation you deserve.
What is Occupational Asthma?
Most people know that asthma is a chronic condition that makes it difficult to breathe. The muscles around the airways constrict and tighten, preventing oxygen from reaching the lungs. In turn, this affects oxygen dispersal throughout the rest of the body. More than feeling short of breath, a serious asthma attack can make a victim feel as if they are suffocating. In extreme cases, asthma attacks may even prove fatal.
Occupational asthma is when the condition results from or faces aggravation from, poor working conditions. Dust, pollen and chemical fumes are all common workplace irritants that can trigger asthma. Over time, inflammation of the bronchial tubes occurs, which can cause permanent damage to the lungs.
By law, employers have an obligation to identify potential asthma risks in the workplace and put in place the necessary precautions to protect employees from harm. For instance, they must provide effective ventilation and adequate safety equipment for roles which pose an occupational asthma risk.
Types of Occupational Asthma Claims
There are two types of occupational asthma: irritant-induced asthma and allergy-induced asthma.
Irritant-induced asthma occurs as a result of exposure to irritants, such as in a chemical spillage. Allergy-induced asthma on the other hand is caused by an allergic reaction to something within your working environment.
Both kinds of occupational asthma display the same symptoms. Symptoms include:
- Shortness of breath
- Tightness of the chest
- Asthma attacks
Industries at High Risk of Occupational Asthma
People working in certain industries are more at risk of developing asthma than others. Occupational asthma often develops as a result of an environment where irritants that can cause asthma (Asthmagens) are present. For example, a baker could develop chronic asthma from breathing in flour dust. Other trades where workers are also at a higher risk of developing occupational asthma include:
- Spray painters
- Farmers and agricultural workers
- Carpenters and woodworkers
Nurses, doctors and other healthcare workers are also at risk of developing occupational asthma due to the natural rubber latex proteins used in the manufacture of gloves, worn while doing surgery or performing medical examinations.
If you work in a high-risk environment and have been diagnosed with asthma, you may be eligible to make an occupational asthma compensation claim.
Am I Eligible to Claim Occupational Asthma Compensation?
In order to make an occupational asthma compensation claim, your asthma must have developed as a result of your working environment. Employers have a legal obligation to protect their employees in the workplace. They are required to carry out risk assessments under the Health and Safety at Work etc Act 1974, and minimise exposure to irritants, allergens, toxic chemicals and any other hazardous substance where it cannot be substituted or removed under the Control of Substances Hazardous to Health 2002.
Employers must ensure that areas of high exposure to potentially damaging substances are properly ventilated and have air filtration systems in place, that the necessary protective equipment is supplied to those in high-risk roles, that proper training is given, that risks, processes and safety equipment are regularly reviewed and maintained, and that adequate warning signs and instructions on dealing with accidental exposure to harmful substances are present.
If your employer has failed to do any of the above and you have developed asthma as a result then you are likely eligible to make a claim. For a more accurate answer to this question, contact The Compensation Experts team. They will talk through the details of your case with you and determine whether your claim is likely to be successful.
What is the Time Limit to Make an Occupational Asthma Claim?
Occupational asthma compensation claims must be made within 3 years of your diagnosis. Court proceedings must have begun within this 3-year time limit otherwise your claim will not be valid. The time limit may be extended in exceptional circumstances however this will be at the will of the courts.
How Much Compensation Could I get for an Occupational Asthma Claim?
The amount of compensation you could receive will depend on the severity of your condition and the impact it has had on your lifestyle. For example, if you are no longer able to work, you may be compensated for loss of earnings, or if you require medical treatment, you may be compensated for associated medical costs.
The best way to determine how much compensation you are likely to receive is to get in touch. After hearing the details of your case, our experts may ask you some questions to ascertain if negligence played a role in your diagnosis, before giving you a more accurate idea of compensation amounts.
Making an Occupational Asthma Compensation Claim
Asthma is incurable, but it is treatable. Compensation for occupational asthma can not only help address the expense of ongoing medical care, but it can also be a way of acknowledging the physical damage victims endure.
For example, if a person living with occupational asthma has to stop working because of their condition, compensation can help to cover any expenses that come with finding a new job. Moreover, it may even address a shortfall in pension if they need to take early retirement due to ill-health.
The easiest way to find out if you can claim compensation for industrial asthma is to contact The Compensation Experts. We offer a free, no-obligation consultation to help you understand your legal rights and the options available to you. Should you choose to proceed, you will be matched with an experienced lawyer specialising in cases such as your own. They will use their skills to help you navigate the occupational asthma claims process and obtain the maximum amount of compensation you deserve.
Give us a call on our freephone number, or submit our online contact form and a member of the team will call you back.
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us with Occupational Asthma Compensation?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. However, if your claim is successful we will charge up to 25% of the total compensation awarded and if you terminate the agreement before your claim for damages ends then you may be liable to pay basic charges in addition to this.
We assess each claim on its merits with the information you provide, which then helps us to determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our panel of personal injury lawyers are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Team
Each client is provided with their own Personal Injury lawyer who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the lawyer.
Expert Occupational Asthma Claim Advisors Working For You
We specialise in helping people claim the occupational asthma compensation they deserve.
We work on a No Win No Fee basis*, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.
However, you should be aware that the panel of solicitors we work with may charge up to 25% of the total compensation awarded if your claim is successful. Further, if you terminate the agreement before your claim for damages ends you may be also liable to pay basic charges including (but not exclusively) disbursements, and barrister’s fees.
Whether you are ready to make an occupational asthma claim, or you would just like a free conversation with a legal professional, we have trained advisors on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back at a time that suits you.