Occupational Asthma Claims – How Much Compensation Could I Claim? - AccidentClaimsAdvice.org.uk (2024)

Anybody suffering from occupational asthma may not be able to join in with their usual hobbies and activities and carry out their usual daily tasks, or they may not be able to fully participate in family outings. Also. they may not be able to work which in turn will have a negative impact on their finances.

Importantly, employers have a legal obligation to protect their employees from harm whilst at work by providing a safe working environment. If your employer has breached their duty of care, and you have developed occupational asthma because of their negligence, you may be eligible to make an occupational asthma claim for compensation.

Please carry on reading to find out more about claiming compensation for occupational asthma or call our team on 0800 6524 881 to talk with a specialist today.

Table of contents

  • What Is Occupational Asthma?
  • Am I Eligible To Make An Occupational Asthma Compensation Claim?
  • Which Occupations Are Most At Risk Of Occupational Asthma?
    • Common Symptoms Of Occupational Asthma
  • What Types Of Negligence Can Lead To Occupational Asthma Claims?
  • How Much Compensation For Occupational Asthma Could I Claim?
    • Occupational Asthma Compensation Amounts
  • What Evidence Could I Use To Support An Occupational Asthma Claim?
  • What’s The Time Limit For Claiming Compensation?
  • Starting The Occupational Asthma Claims Process

What Is Occupational Asthma?

Asthma is a chronic lung condition caused by the narrowing of the bronchial passage. Difficulty breathing is the predominant symptom of this condition. Asthma may be triggered by exposure to dust, pollen or other airborne substances just about anywhere, but when the exposure occurs in a working environment, it is called occupational asthma.

Identifying and then avoiding the substances causing the condition is important. This will then help with managing the condition and preventing further damage to the lungs.

Am I Eligible To Make An Occupational Asthma Compensation Claim?

To be eligible to make an occupational asthma compensation claim, a personal injury solicitor will generally first need to verify the following:

  • Your employer owed you a duty of care; and
  • They breached their duty of care due to negligence; and
  • Their negligence caused you to develop occupational asthma.

If you get in touch with our claims advisors they’ll check these points for you. If they believe an occupational asthma claim is viable, a personal injury solicitor from our team may offer to take on your claim on a No Win No Fee basis.

Which Occupations Are Most At Risk Of Occupational Asthma?

While you could theoretically develop occupational asthma while working in a range of industries, the risk is highest in certain workplaces. Workers employed in manufacturing industries, particularly those associated with motor vehicles, metals, spray painting, and toxic chemical substances, could be at high risk for developing the symptoms of asthma.

Other high-risk industries include:

  • Woodwork.
  • Farming and agriculture.
  • Healthcare.
  • Soldering.
  • Hairdressers.
  • Bakers.
  • Engineering.
  • Beauty salons.
  • Welding.

If you’ve developed occupational asthma and believe your employer is responsible, please contact our advisors for free advice on your options.

Common Symptoms Of Occupational Asthma

Occupational asthma symptoms are similar to those of other types of asthma, including:

  • Wheezing.
  • Coughing.
  • Shortness of breath.
  • Chest tightness.
  • Stuffy or runny nose.
  • Eye irritation.

Symptoms of occupational asthma can sometimes develop instantly after exposure to a triggering substance, but sometimes the symptoms may take several hours until they appear. Some people find that their symptoms worsen whilst at work, but once they have left the workplace, their symptoms start to improve.

It’s imperative that you seek medical attention if you are suffering any of these symptoms, as occupational asthma can be serious and if left untreated, potentially life-threatening.

What Types Of Negligence Can Lead To Occupational Asthma Claims?

There are several legal Acts that have been passed over the years to ensure that workers’ rights are protected and if these have been ignored or abused leading to your illness it’s highly likely you would be eligible to make an occupational asthma compensation claim.

According to Health and Safety and Work etc Act 1974, employers have a legal responsibility to carry out a risk assessment of the workplace and put reasonable measures in place to ensure that their staff are protected from potential hazards.

Under the Control of Substances Hazardous to Health 2002 or COSHH, employers have a legal responsibility to minimise exposure to toxic chemicals, allergens, and other hazardous substances, where their removal or substitution is not possible.

Some measures that employers are expected to put in place to minimise exposure may include:

  • Installing adequate air filtration systems in high-exposure spaces.
  • Providing industry-standard personal protective equipment such as face masks and breathing equipment to all employees working in or around high-risk environments.
  • Ensuring all staff receive adequate training on the risks involved and how to protect themselves.
  • Review risks regularly and update safety measures and procedures as necessary;
  • Inspect all safety equipment regularly and carry out required maintenance;
  • Place clearly visible hazard warnings with instructions on what to do in case of any accidental exposure.

If an employer fails to carry out the mandated safety procedures, and a worker develops occupational asthma as a result of this negligence, the employer may be held liable to pay compensation.

How Much Compensation For Occupational Asthma Could I Claim?

The amount of compensation for occupational asthma you might be entitled to will generally be made up of two types of damages. These are general and special damages.

General damages refer to the pain, suffering, and loss of amenity caused by having the condition, the treatment required and the future outlook. Whereas special damages refer to any expenses or financial losses incurred due to suffering from occupational asthma. These might include:

  • Medical, travel and care costs.
  • Earnings you’ve lost already and potential future losses.
  • Home and/or vehicle modifications.

If you are unsure of what you may, or may not, be able to claim for occupational asthma, please speak with one of our personal injury solicitors for further advice.

Occupational Asthma Compensation Amounts

The Judicial College sets out guidelines (for general damages) when it comes to calculating compensation amounts for various injuries and illnesses, including occupational asthma.

Compensation levels for asthma are currently advised as follows:

  • £43,060 – £65,740 compensation for severe asthma that is permanently disabling.
  • £26,290 – £43,010 for chronic asthma which has caused difficulty in breathing.
  • £19,200 – £26,290 for bronchitis and wheezing that has affected working and/or social life.
  • £10,640 – £19,200 for asthma symptoms that are relatively mild.
  • Up to £5,150 compensation for mild asthma.

Please be advised that these are simply advisory compensation amounts for occupational asthma and do not take into account special damages.

What Evidence Could I Use To Support An Occupational Asthma Claim?

For the best chance of a successful claim and receiving a fair settlement for occupational asthma, you’ll generally need to gather sufficient evidence to support your claim and show proof of your allegations. Without strong evidence, you may not receive as much compensation or may receive nothing at all.

The types of evidence that will help support an occupational asthma claim might include:

  • Medical evidence. This may include a copy of the medical report of your diagnosis and notes from your GP.
  • Accident report forms. If your occupational asthma was brought on suddenly, you will have had to report it in the work’s accident book. Ask for a copy of the entry.
  • Videos and photos. Any video footage or photos of your working environment could help show what type of conditions you were working in and what types of substances you were being exposed to.
  • Witness contact details. Keep hold of any witnesses’ details such as work colleagues so that they may be asked for a statement later on if required.
  • Your own personal statement. Write an account of your suffering from asthma and the effects it has had on your life.
  • Financial records and receipts. These will be able to back up your claim for any financial expenses and losses that you have incurred due to occupational asthma.

If you contact one of our solicitors, they may be able to assist you with gathering sufficient evidence to support your claim.

What’s The Time Limit For Claiming Compensation?

In accordance with the Limitation Act 1980, the time limit for filing an occupational asthma compensation claim is 3 years and would generally start from when the condition was diagnosed by a medical professional. However, there are some exceptions so we’d advise speaking to a personal injury solicitor on our team to double-check this for you.

Claiming occupational asthma compensation can be a complex process and could potentially take anything from a few months to well over a year to conclude. With that in mind, we always recommend starting your claim as soon as possible to give ample time to build a strong case.

Our solicitors can help you through the claims process in a timely manner to ensure everything has been covered and documented in your claim.

Starting The Occupational Asthma Claims Process

If you would like help and support to pursue your claim against your employer for occupational asthma compensation, please contact our advisors today. One of our advisors will be able to discuss the details of your case with you during a free consultation to determine if you have a viable claim. If they believe you have a good chance of success, they could then connect you to one of our experienced personal injury solicitors who may then offer to take on your claim.

Our solicitors offer a No Win No Fee service and so do not ask for any payments upfront, therefore not leaving you out of pocket. They will do their absolute best to try and secure the maximum compensation available to you.

Please contact us on 0800 6524 881 for more information on how we can help you with the process of making an occupational asthma claim.

Occupational Asthma Claims – How Much Compensation Could I Claim? - AccidentClaimsAdvice.org.uk (2024)

FAQs

How much can you claim for asthma? ›

Regardless of how severe your asthma is, the maximum monthly benefit is $3,822 with SSDI and $943 with SSI in 2024. Your benefit amount depends not only on your condition but also on your work and income history. SSDI considers your work and tax history, while SSI considers your other sources of income.

How much compensation for car accident in the UK? ›

In general, less serious accidents resulting in minor injuries may result in compensation ranging from a few hundred to a couple of thousand pounds. For more serious accidents where the injuries may be more severe, compensation could be in the range of £2,000 to £20,000 or more.

How much compensation for psychological damage in the UK? ›

Psychological damage compensation payouts are dependent on the severity of your mental health injury and how much your life and the lives of your loved ones are impacted. Psychological damage compensation amounts can vary, starting from £1,440 for less severe cases to £108,620 for more severe examples.

Can you claim compensation for asthma? ›

If your employer has breached their duty of care, and you have developed occupational asthma because of their negligence, you may be eligible to make an occupational asthma claim for compensation.

What benefits can I claim with asthma in the UK? ›

Benefits
  • Employment and Support Allowance – a benefit paid to people who are not able to work because of ill health or disability.
  • Personal Independence Payment – a benefit that helps with some of the extra costs caused by long-term ill health or a disability if you're aged 16 to 64.

Can you get money if you have asthma? ›

Yes, asthma can be considered a disability. However, not all asthma cases qualify for long term disability benefits. It depends on the severity of your condition. Asthma is a chronic illness caused by the narrowing or inflammation of your bronchial tubes.

What amount of compensation can I expect? ›

It's not possible to predict precisely how much compensation you will receive for your claim. It's common for people to think certain injuries automatically attract a specific amount, but when you make a claim your personal suffering, pain, recovery time and any financial impact are all taken into account.

What is the average compensation payout for psychological injury? ›

How is your compensation payout calculated?
Degree of permanent impairmentCompensation range
0 – 10%$0
11% – 20%$22,480 – $62,770
21% – 30%$51,880 – $100,470
31% – 40%$83,040 – $162,450
5 more rows
May 16, 2024

How much compensation for stress and anxiety? ›

Psychological Injuries And Anxiety Compensation Calculator
InjurySeverityCompensation Bracket
Psychiatric Injury (Generally)Moderately Severe£19,070 to £54,830
Psychiatric Injury (Generally)Moderate£5,860 to £19,070
Psychiatric Injury (Generally)Less Severe£1,540 to £5,860
PTSDSevere£59,860 to £100,670
5 more rows
Feb 27, 2024

Is occupational asthma considered a disability? ›

Yes. In both the ADA and Section 504, a person with a disability is someone who has a physical or mental impairment that seriously limits one or more major life activities, or who is regarded as having such impairments. Asthma and allergies are usually considered disabilities under the ADA.

What is the occupational asthma lawsuit? ›

Negligence which may have put you at risk for developing asthma may be grounds for filing an asthma lawsuit. This is because OSHA, a government work safety body, has clear guidelines on how to ensure worker safety and health at all times, the contravention of which can preclude a workers' compensation lawsuit.

How do I get 100% disability for asthma? ›

Bronchial asthma with FEV-1 that is less than 40 percent predicted, or FEV-1/FVC less than 40 percent, or more than one attack per week with episodes of respiratory failure, or requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications warrants a maximum 100 percent ...

How hard is it to get disability for asthma? ›

The two requirements for automatic qualification for Social Security Disability with asthma are: In the past year, you've had at least three asthma exacerbations or complications requiring hospitalization for at least 48 hours in each case. These hospitalizations must have been at least 30 days apart.

What percentage disability is asthma? ›

Depending on its severity, frequency, and duration, asthma can be rated at 10%, 30%, 60%, or 100%. Asthma is a bronchial disorder rated under CFR 38 Part 4, VA Schedule of Ratings, Diagnostic Code 6602, Asthma, Bronchial.

Is asthma covered under the disability Act? ›

Conditions That Are Automatically Treated As Disabilities Under The Equality Act. There are a few conditions that are automatically treated as disabilities under the Equality Act. These include: Conditions that affect certain organs such as heart disease, stroke and asthma.

References

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