Occupational Asthma Claims
Claims for occupational asthma compensation are commonplace with a predicted 2 million workers in the UK at risk of developing the condition.
If you have been impacted by occupational asthma, you may be entitled to make a compensation claim.
What Causes Occupational Asthma?
Asthma and breathing problems can be caused by various harmful particles in many different working environments.
These harmful contaminants include:
- cleaning liquids and sprays
- welding fumes
- various gases
- flour and grain
There are some common working environments where people can become afflicted with occupational asthma. The employees who work in these environments may be able to make occupational asthma claims for compensation. They include:
- Those working with hospital cleaning agents on a regular basis
- Those working with paint fumes or adhesives e.g. paint manufacturing or in a factory using polyurethane paints
- Papermill employees
- Carpenters and joiner
Asthma UK reports that workplaces with a high risk for occupational asthma include:
- Bakeries, flour mills and kitchens
- Hospitals and other healthcare settings
- Pet shops, zoos, and animal laboratories
- Farms and agricultural workplaces
- Car manufacture and repair workshops
- Woodwork and carpentry workshops
- Electronics and assembly industries
- Engineering and metalwork workplaces
- Hairdressing salons
- Indoor swimming pools
Your employer’s responsibility
Employers have a responsibility to remove or prohibit access to material or equipment that produces hazardous substances. They must also provide protective clothing and equipment, including items like extractor fans that will keep the air cleaner.
Regarding harmful substances specifically, there is the Control of Substance Hazardous to Health Regulations in place for employees to adhere to.
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 have 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.
A successful occupational asthma claim
In order to be successful in your claim, certain facts will need to be established at the outset, including:
- Evidence that there are harmful fumes or dust contaminating the air in the place where you work
- That these harmful sensitising agents have caused your asthma
- That your asthma is related to where you work
- That your condition did not originate from a source external of work
It can take from 6 months to develop occupational asthma, although in rare cases, some symptoms don’t emerge for 20 years. In most claim cases where there is a late onset of the condition, it is usually a result of where someone used to work.
Calculating Compensation For Asthma
Asthma is a very broad condition that covers many areas. It can be very severe and dictate almost every aspect of your life, on the other hand, it may be something that is controllable, allowing you to maintain a good standard of life.
Compensation amounts are largely based on the severity of the condition so if you are asking the question: how much compensation for asthma? It is worth bearing that in mind.
Compensation scales for asthma
The answers to how much compensation for asthma are below, but if you would like more information please contact Jefferies Solicitors’ personal injury team.
Level of asthma
|Mild asthma which has been treated by a GP and is resolved within a few months||upto £4,390|
|Relatively mild asthma||£9,080 – £16,380|
|Bronchitis with wheezing but with a good chance of recovery||£16,380 – £22,440|
|Chronic asthma with substantial breathing difficulties, the occasional need for an inhaler and an unclear picture of the future||£22,440 – £36,700|
|Disabling asthma with significant sleep problems an inability to participate in most types of physical activity and limited chances of employment||£36,740 – £56,100|
All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. The amount of compensation that is awarded is determined by looking at two specific factors – general damages and special damages.
The pain and suffering that your injuries have caused is the main factor that is used to determine how much compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that outlines the length of time the injuries will take to heal as well as their severity.
Our compensation calculator gives an indication of how much you might be entitled to based upon your injuries. Jefferies Solicitors will take these different details relating to your injury into account when calculating how much compensation you should be awarded, which will then be put forward to the opposing side and the judge.
However, compensation also takes into account any financial losses that you might have suffered as a result of your injuries, such as a loss of earnings due to being unable to return to work. If you have had to pay for treatment or travel to treatment, compensation may also be able to cover this as well. Therefore, you should keep any receipts or other documents that help to outline the extent of your financial losses, as caused by your accident/injuries.
Making your occupational asthma claim with us
If you feel your employer has neglected their responsibilities and you have been forced to consider an occupational asthma claim, then please start the process with us at your earliest convenience.
Time limits do apply to all personal injury claims including occupational asthma claims, so it is important to contact Jefferies Solicitors to organise an initial consultation. Our occupational claims team is more than willing to assist you with any initial questions you may have. Please contact us on 0800 342 3206 or get in touch online for a free no-obligation conversation.
Other Types Of Industrial Illness Claims
Our personal injury solicitors also work with people looking to claim compensation after suffering other kinds of occupational illness, including chemical poisoning, asbestos-related diseases and legionnaires disease. If you’ve suffered from any of the above or another kind of industrial illness, we may be able to help.
CONTACT JEFFERIES SOLICITORS TODAY
We help people make successful claims for compensation.
“Fully recommend, brilliant service with amazing and helpful staff.” Daniel, Burton-on-Trent.
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury can be and so we want to make the process of claiming compensation as stress-free as possible.
To learn more and to discuss your potential claim in confidence, contact our team on 0800 342 3206. Alternatively, complete our online contact form to arrange an initial no-obligation telephone consultation with a member of our expert team.