How Much Compensation Do You Get For Occupational Asthma?
Welcome to our guide, which looks to answer the question ‘how much compensation do you get for occupational asthma?’. We hope to help you understand more about making a personal injury claim for an occupational disease caused by your employer’s negligence.
Your employer has a duty of care towards you, which means that they have a responsibility to ensure your safety in the workplace as much as is reasonably practicable.
This duty of care doesn’t just cover injuries caused by accidents like slips, trips and falls. Your employer also has a responsibility to reduce the risk of you developing an occupational disease as a result of your working environment. This includes things like industrial hearing loss and occupational asthma.
Occupational Asthma Compensation Claims
Before reading this guide, you may have some questions, such as:
- How much compensation do you get for occupational asthma?
- How common is irritant-induced occupational asthma?
- Can I make a personal injury claim?
This guide will answer these questions and more. By the end of this guide, we hope you will feel well-informed and confident about moving forward with the claims process.
Get In Touch With Our Team
Our friendly team of advisers are available 24/7 to offer free legal advice. They’d be happy to have a chat with you to learn more about your situation. Moreover, they can also assess how much compensation you may be eligible for.
If you have a valid claim, they can connect you with a personal injury solicitor from our panel, who may be able to represent you on a No Win No Fee basis. They can then begin your claim to help you receive the maximum amount of compensation you deserve.
You can contact our expert team of advisers by:
- Calling them on 020 3870 4868 to have a chat about your case today.
- Chatting with them via our live chat pop-up box for an instant response.
- Filling in our online claims form to receive a response at your nearest convenience.
Services And Information
- Everything You Need To Know About How Much Compensation You Get For Occupational Asthma?
- What Is Occupational Asthma?
- The Symptoms Of Occupational Asthma
- The Causes Of Occupational Asthma
- Treatment And Diagnosis
- How Much Compensation Do You Get For Occupational Asthma?
- What Employees Are At Greater Risk?
- Talking To Your Employer About Reducing Risks
- Who Is Eligible To Make A Claim?
- Occupational Asthma Claim Time Limits
- I Contracted Occupational Asthma, What Should I Do?
- How Much Compensation Do You Get For Occupational Asthma On A No Win No Fee Basis?
- Useful Pages
- FAQs About Occupational Asthma
Firstly, this guide will discuss what occupational asthma is and what symptoms may be present. Next, the article will look at the treatment and diagnosis process and answer the questions ‘How much compensation do you get for occupational asthma?’
This guide will then look at how compensation for occupational asthma is valued and how much your claim could be worth. In addition to this, we will look at the personal injury claims time limits to discuss how long you may have left to start a claim.
We’ll also discuss No Win No Fee agreements and what they mean for people funding legal representation. To conclude, there’ll be some further guides that you may find useful. We’ve also included answers to frequently asked questions we’re often asked.
Occupational asthma is a form of asthma that’s caused by breathing in substances in the workplace. It often gets better if the person spends time away from the workplace, as the specific trigger is no longer present.
The table below includes statistics taken from the Health and Safety Executive showing the most common agents causing occupational asthma, in Great Britain, in 2017-19. As you can see, flour was the highest cause, causing 21 cases of occupational asthma in this time period.
What are the different types of asthma?
According to Asthma.org.uk, there are several different types of asthma. These include:
- Allergic asthma
- Seasonal asthma
- Occupational asthma
- Adult-onset asthma
- Childhood asthma
Occupational asthma is often a kind of allergic asthma that is caused by an irritant in your workplace. For instance, if you work as a cleaner, then certain cleaning products might trigger your asthma. If you’re a carpenter, then wood dust might cause you to experience asthma symptoms.
What are the different stages of asthma?
There are several different categories of severity for asthma. They’re distinct from one another, depending on how often your symptoms affect you.
The different categories of asthma are:
- Mild intermittent asthma – This is when symptoms appear less than twice per week.
- Mild persistent asthma – Symptoms persist over twice a week, but never more than once per day.
- Moderate persistent asthma – Symptoms appear daily.
- Severe persistent asthma – Symptoms are constant and don’t ease at any point.
Occupational asthma is caused by a substance in your workplace that acts as an irritant when inhaled, such as flour or cleaning products. If you already have asthma and your working conditions make it worse, then this would not be classed as occupational asthma. However, you may still be able to claim if your asthma is made worse at work because your employer is breaching their duty of care towards you.
You may have occupational asthma if you experience asthmatic symptoms that get better when you’re away from the workplace. The symptoms of occupational asthma tend to be the same as general asthma symptoms. They include:
- Shortness of breath
- Congested nose
- Irritated eyes
- Tightness of chest
If you’re suffering from occupational asthma because your employer breached their duty of care, you may be able to make a personal injury claim. You can contact our team of advisers to have a chat about your situation. If you have a valid claim, they can connect you with our panel of personal injury solicitors to explore No Win No Fee agreements with you.
The difference between general asthma and occupational asthma is that occupational asthma symptoms will worsen when you’re in the workplace. You should always seek medical attention if you’re showing symptoms of occupational asthma. If you fail to do so, there’s an increased risk of developing long-term asthma, even after leaving your job or removing the things that trigger your symptoms.
If you suddenly develop asthma when you start a new job, or you experience your childhood asthma symptoms returning, you may have occupational asthma. You may not notice the symptoms for a significant amount of time after starting your new job. This is because your body tends to take a while to react to the trigger.
If you do experience occupational asthma due to a specific trigger in the workplace, you may notice your symptoms disappear when you’re not exposed to it. However, next time you’re around the trigger (even for a small amount of time), you may notice a return of the symptoms.
You can contact our team of advisers today for free legal advice if you’ve developed occupational asthma due to your employer’s negligence. They can assess your situation and connect you with our expert panel of personal injury solicitors if you have a legitimate claim.
If you suspect you may be suffering from occupational asthma, your GP is likely to perform a number of tests. The tests that your doctor may perform include:
- Blood tests (sometimes referred to as skin prick tests) – This can help to check if you’re suffering from an allergy. However, if your asthma is triggered by an irritant rather than an allergen, then this won’t show up in this kind of test.
- Peak flow tests – “Peak flow” refers to how quickly you can blow air out of your lungs. Your GP may give you a peak flow meter to monitor your scores, which you will be asked to blow into as hard and fast as possible.
- Challenge test – If there are substances that you suspect may be causing your symptoms, you may be asked to inhale them to see if they trigger your symptoms. If you’re unsure which substances may be causing your symptoms, your doctor may refer you to an occupational asthma specialist. A challenge test should always be done under close observation.
Asthma is often treated with inhalers. You may be prescribed more than one inhaler as part of your treatment. For example:
- Preventer inhaler – This helps with inflammation which may be worsening your symptoms, even if they aren’t immediately apparent. You should take it as prescribed, even if you feel okay.
- Reliever inhaler – This helps to lessen the severity of your symptoms if you take it as soon as they present.
If occupational asthma is diagnosed early on, your symptoms may completely disappear after treatment. However, you may have to avoid substances that trigger your symptoms. This might mean that you have to avoid similar job roles in the future.
If you suffer severe symptoms or your occupational asthma isn’t spotted early on, you may suffer symptoms for years. Your symptoms could persist even if you remove yourself from the trigger that causes your symptoms.
When you make a compensation claim for occupational asthma, your settlement might consist of two different kinds of damages. These are general and special damages.
General damages offer compensation for the injury itself and the impact it has had on your quality of life. The more severely you’re affected by your injuries, the higher the general damages head of your claim will be valued.
Special damages award compensation for the financial effect the injury has had on you. For example, you may have had to take time off work because of your illness resulting in a loss of earnings.
Some websites offer personal injury compensation calculators to show you how much compensation you could be owed. Instead, we’ve chosen to include a compensation table to show how much compensation some injuries could be valued.
These figures have been taken from the Judicial College Guidelines and are used as an example only. The Judicial College provide guideline compensation brackets for a range of different injuries of varying severities.
|Lung Disease||A young person is severely disabled which could become progressively worse and lead to death.||£94,470 to £127,530|
|Lung Disease||Emphysema leading to poor function of lungs, impaired breathing, and inability to work as frequently as before.||£51,420 to £65,710|
|Asbestos-Related Disease||Mesothelioma leading to severe pain where the person is unable to function as they did before.||£65,710 to £118,150|
|Asbestos-Related Disease||Decreased lung function resulting in breathlessness.||£36,060 to £99,330|
|Asthma||Severe and long-term asthma causing a lack of sleep and lower employment access.||£40,410 to £61,710|
|Asthma||Chronic asthma leading to difficulty breathing, fewer chances of employment and need for inhaler use.||£24,680 to £40,370|
|Asthma||Where the affected person experienced bronchitis and wheezing. Their social life and work may be affected, but a substantial recovery should be made within few years.||£18,020 to £24,680|
|Asthma||Symptoms that are similar to asthma symptoms which result from, for example, an exposure to irritating vapour.||£9,990 to £18,020|
If you’d like to discuss how much compensation you may be eligible to claim, you can contact our team of advisers today for a free assessment. If you have a valid claim, they can connect you to a personal injury lawyer from our panel.
There are specific workplaces where you may have a higher chance of developing occupational asthma. This is because, in certain roles, you will be more likely to be exposed to irritants than in others.
Here are some more examples of industries where employees are at higher risk of occupational asthma:
- Animal work- animal hair, dander and food (such as grains) could be an irritant in this environment.
- Health care- irritants could include things like latex (from gloves) or vapours and particles from techniques used in surgery.
- Engineering- if you weld or solder as part of your job, this could cause you to be exposed to irritants or allergens that could cause occupational asthma.
- Beauty salons- chemicals like bleach and other products could cause occupational asthma.
- Woodwork- sawdust in the air could trigger occupational asthma.
If you’ve developed occupational asthma due to your employer breaching the duty of care they owe you, you may be able to make an occupational asthma claim. Our friendly team of advisers are always available and would be happy to learn more about your situation. You can contact them today to have a chat and explore your next steps,
If you’re suffering from occupational asthma symptoms that are caused by a specific substance in the workplace, you can speak to your employer about reducing your exposure to it. This will make them aware of the issue, and you can speak about ways to keep you safe at work.
The Health and Safety at Work etc. Act 1974 states that employers have a duty of care to safeguard and protect employees. They can do this by minimising hazards as much as reasonably possible. If your employer fails to safeguard you as much as they reasonably can, they’ve breached their duty of care.
You cannot be sacked for suing your employer after your work environment caused you occupational asthma, and you can claim even if you are still working for the company. Any compensation you’re awarded will come from your employer’s liability insurance.
If you’ve suffered due to your occupational asthma, you may be able to make a personal injury claim. This can help compensate you for the pain and suffering you’ve experienced through no fault of your own. You can contact our team of advisers today for further information.
As mentioned above, you may be entitled to make a personal injury claim if your employer breached their duty of care and you were injured or made ill as a result. There are multiple ways that an employer can protect you from being injured at work.
The Control of Substances Hazardous to Health 2002 (COSHH) states that employers are legally responsible for minimising the contact employers have with toxic substances or chemicals.
Here are some ways that employers must protect employees who work with hazardous substances:
- In spaces where there’s a large frequency of toxic chemicals, employers should install air filters.
- Providing health and safety training to employees, so they’re aware of the risks and how to stay as safe as possible.
- Undertake regular inspections on safety equipment to ensure it’s still working, for example, the air filtration systems.
- Ensure there are hazard warning signs within the workplace that alert employees of what to do in an emergency.
It may be that your occupational asthma is caused by allergens or irritants in the workplace that are not classed as hazardous substances. There are a number of ways that an employer could reduce your exposure to asthma triggers. For instance, your employer could move you to a different role where you’re not exposed to the triggers that make you unwell. If possible, they could replace the substance that triggers you altogether. Furthermore, your employer should always provide you with proper Personal Protective Equipment (PPE), such as masks, to do your job safely.
If your employer failed to do the above things and you suffered occupational asthma as a result, you may be entitled to compensation.
The general personal injury claims time limit is three years. This means you have three years to start a claim. This limitation period starts from when you suffer the injury or realise the injury was due to someone’s negligence. The latter is the “date of knowledge”.
However, there are some circumstances where exceptions apply. If you’re under 18, the three-year personal injury claims time limit commences on the day of your 18th birthday. If you’d like to claim sooner, a friend or family member can become a litigation friend to pursue the claim on behalf of you.
Similarly, if the injured person lacks the mental capacity to file a claim, the three-year time limit begins in the event that they regain their mental capacity. Otherwise, someone can act as a litigation friend to pursue a claim for them.
It’s important that you make sure you don’t leave it too late if you’d like to claim. If you fail to start your You can contact our team of advisers at your earliest convenience to chat more about making an occupational asthma claim.
It’s important to get the right diagnosis and treatment as soon as possible to prevent it from worsening. Furthermore, you can use your medical record as evidence if you decide to claim.
You should also collect evidence to prove that your employer’s negligence caused occupational asthma. For example, you could provide witness details for colleagues who are able to confirm that you were not provided with appropriate PPE.
After you’ve collected this evidence, you can contact our team of advisers to have a chat about your situation. Once they’ve learned a bit more about your occupational asthma, they can assess whether you may be eligible to make a compensation claim. If your claim is valid, they can connect you to our experienced panel of personal injury solicitors. There’s no obligation for you to have a solicitor represent you in a claim. However, you may find that their guidance and expertise help you get more money from your claim.
A No Win No Fee agreement is also known as a Conditional Fee Agreement (CFA). It’s a contract that sets out the conditions your solicitor needs to meet before receiving payment. It means you won’t be asked to pay any upfront or ongoing fees in order for them to start work on your claim.
If your case fails, you won’t be responsible for paying any of your solicitors fees. If your case wins, your solicitor will deduct a legally capped, small percentage of your compensation. You and your solicitor will agree upon this fee before your claim starts and it will ensure you receive the majority of your compensation.
You can have a chat with our team of advisers to receive free legal advice and tell them more about your situation. If your claim has a good chance of success, they can connect you to a personal injury lawyer from our panel to discuss representation on a No Win No Fee basis.
You can contact our team of advisers via:
- Telephone 020 3870 4868 to receive free legal advice about your claim.
- Our online claims form to receive a response whenever is best for you.
- Our instant live chat pop-up box to chat with an adviser immediately.
A Guide To Self Employed Accident At Work Claims – Am I Eligible To Claim? – How To Claim? – If you’ve suffered a workplace accident during self-employment, our article explores how you may be able to make a personal injury claim.
Medical Negligence Compensation Claims – Have you experienced medical negligence? Our guide discusses how you can make a clinical negligence claim.
Can You Sue Your Employer While Still Working For Them? – If you’ve experienced an accident at work, our article looks at whether you can sue your employer for an accident at work whilst still working for them.
Asthma – If you suffer from asthma, this article includes the symptoms, treatments, and triggers.
Asthma UK – Do you suffer from asthma? This website includes all the information you need to know.
How do you prove occupational asthma?
If you think you may have asthma, you should seek medical attention to receive the right tests and get a confirmed diagnosis. During your personal injury claim, you can provide medical records to prove that you have occupational asthma.
What is the most common cause of occupational asthma?
Some common causes of occupational asthma include breathing in harmful substances or irritants at work, such as animal fur. The most common cause of occupational asthma reported in British workplaces between 2017 and 2019 was flour.
Can occupational asthma go away?
Yes. If you limit your exposure to the triggers, your occupational asthma can disappear with time. However, you may be left with lasting symptoms if your asthma was particularly severe, or if you did not get treatment in time.
Is occupational asthma a disability?
In some cases, occupational asthma could stop you from working. For instance, you mightn’t be able to do your duties if your chest is tight and you have difficulty breathing.
Thank you for reading our article about ‘how much compensation do you get for occupational asthma?’
Checked by NC