Occupational Asthma Compensation
If you are suffering from breathing issues caused at your place at work our solicitors can help you claim compensation. We have successfully managed many occupational asthma compensation claims and are now ready to take on your case.
With our extensive experience and legislative knowledge, we expertly manage your claim to secure maximum compensation for your suffering.
If an employer does not put relevant measures in place, particularly with regards to ventilation and safety precautions causing occupational asthma, they can be liable for any damage.
How Our Solicitors help you Claim Compensation
When we have a clear understanding of your breathing condition and employment history, a dedicated solicitor will put together a strong case against the responsible party.
As they gather evidence, seek specialist opinions and delve into their rich industry knowledge, you can get on with your daily activities.
We tailor our approach around your requirements and provide specialist legal representation in cases for industrial disease and occupational asthma.
We are fully committed to securing a settlement that is in your best interests, making sure you are compensated for any pain and suffering, financial setbacks and medical care required at present and in the future.
What You Need to Do
If you believe that you are suffering from the symptoms of occupational asthma, AWH Solicitors recommends that you complete the below steps.
Claim Compensation for Occupational Asthma
Make a Medical Appointment to get an Official Diagnosis
Get an official diagnosis from your GP or specialist to access the medical treatment that you require.
Your doctor will be able to help you determine the cause of your occupational asthma and offer advice regarding going back to work.
Inform your Employer of your Medical Condition
Make your employer fully aware of your symptoms so that they can perform a risk assessment and implement any further health and safety measures that are required.
This will not help to prevent your symptoms from worsening when returning to work, it will also protect other employees from suffering from similar breathing conditions.
Contact AWH Solicitors to make a Claim
If your employer fails to protect your health and continues to ignore health and safety issues in your place of work you may be eligible to claim compensation from them.
Contact our expert industrial disease advisors today and let us help assess your specific circumstances.
Frequently Asked Questions about Occupational Asthma
Our legal team can utilise their clear, up-to-date knowledge of regulations to prove the liability of an employer during occupational asthma claims, making sure that they are held accountable for the harm caused.
What is occupational asthma?
Occupational asthma is a breathing condition which is caused by a person’s working environment.
Asthma occurs due to the inhalation of certain airborne substances known as Asthmagens.
If you have been exposed to these substances, occupational asthma can be sudden or develop months later.
It is a condition that affects thousands of people every year. Yet, those who suffer from asthma often do not know what the cause is.
If someone has suffered from asthma in the past they will likely overlook that their work environment has strongly worsened their symptoms.
If your condition is caused or made worse whilst at work this is defined as occupational asthma. In such cases you can claim compensation from your employer for your suffering.
What are symptoms of occupational asthma?
Symptoms of occupational asthma are the same as asthma. These include:
- Shortness of breath
- Wheezing and coughing
- Constricted chest movement
- Asthma attacks
Occupational asthma is not always a permanent condition.
In many cases once the individual has distanced themselves from exposure to the triggers their condition improves.
If you have suffered from any of the symptoms as mentioned above, we recommend that you visit your GP. They will then be able to identify likely causes and provide treatment options suitable for you.
What are my employers' obligations?
Employers are legally obliged to provide all their staff members with a safe working environment.
A breach in this duty of care can have a significant impact on your health.
The following factors can put you at a higher risk of developing occupational asthma:
- Poor ventilation
- Inadequate equipment
- Lack of proper safety training
- Failure to limit exposure to Asthmagens
- No monitoring or breathing tests
Most occupational asthma causes are easily avoidable.
An employer simply needs to assess the working area, identify any potential pitfalls and put adequate safety procedures in place.
If your employer does not attempt to reduce or prevent your exposure to Asthmagens, you could be at risk of developing the respiratory disease, as well as worsening existing symptoms.
Am I entitled to claim compensation?
You can claim for occupational asthma compensation if your employer is responsible for causing or worsening your breathing condition.
If you believe that you have occupational asthma, think about the following questions:
- Am I exposed to any air-borne substances during my working day?
- Is my employer failing to put adequate safety precautions in place to reduce the risk of asthma?
- Do my asthma symptoms worsen during working hours?
- Does my asthma improve when I am away from work?
- Does my breathing improve during an annual holiday, or a long period of time away from work?
Answering yes to any of the questions could mean that you have a claim for occupational asthma compensation.
What compensation will I receive?
Compensatory awards can differ from person-to-person as each case is different.
The amount you receive will depend entirely on your personal circumstances. Factors such as the severity of your symptoms, the disability caused and the likelihood of your asthma worsening over time is taken into consideration when calculating your compensation.
When calculating your compensation, our solicitors will look at the following:
- Loss of salary and pension
- Earning capacity
- Specialist care required
- Medical expenses
- Special equipment
We make sure that you are fully compensated for any pain and suffering, financial setbacks and medical treatments you had as a result of your condition.
The financial support you need in the future to live with occupational asthma is also taken into consideration.
Industrial injuries disablement benefit
Some occupational asthma sufferers are entitled to claim 'Industrial Injuries Disablement Benefit' through The Department for Work & Pensions.
AWH Solicitors can help you to determine whether or not you are entitled to this benefit.
Our solicitors can tell you more about this during your consultation and guide you throughout the submission process to make sure you receive the support you thoroughly deserve.
What are the compensation claim time limits?
If you are going to pursue an occupational asthma compensation claim, it is important to remember that you have a three-year time limit in which to bring your case.
This time frame usually starts from the date you were last exposed to the substance or environment that caused the development of occupational asthma, or the date you recognised that your breathing condition was caused by your work.
Once AWH Solicitors has made the decision to manage your claim, a dedicated legal specialist will work to secure you the best pay-out as quickly as possible.
Who is most likely to suffer from occupational asthma?
The highest percentages of occupational asthma were found to be in the following occupations:
- Vehicle paint technicians (55.3 per 100,000)
- Bakers and flour confectioners (37.1 per 100,000)
- Process operatives n.e.c (24.9 per 100,000)
- Metal making and treating process operatives (21.5 per 100,000)
Our Legal Assistance and Guidance
AWH Solicitors can provide valuable legal assistance and guidance in cases of occupational asthma, helping you to achieve a highly successful settlement where you are fully recompensed for any damage caused.
If your job or working environment leaves you at risk of occupational asthma or other breathing problems, you can claim compensation from your employer. Your employer is required to have policies and procedures in place to prevent you and your colleagues from suffering from any health conditions, including occupational asthma.
If your employer has failed to implement the necessary health and safety measures, contact us today. Our solicitors will stand by you and get you the compensation you deserve.
Our Promise to You
Approachable and friendly solicitors
We are committed to delivering a truly personal service that puts you and your wishes first. Our team will always be on hand to support you, regardless of the time or location.
Award-winning service across our fields of expertise
Our high standards of service are applied consistently across all of our departments. Regardless of your enquiry, you can expect to receive the best legal advice delivered in a sympathetic manner.
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We take the time to listen to your needs and offer guidance that is best suited to your current situation.
There is no ‘one-size-fits-all’ solution when it comes to any area of law; every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our reputation is largely built on the exceptional level of client care we continue to deliver.
Every case is handled with the utmost level of respect and many of our clients have recommended us after building an invaluable relationship with our solicitors.
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Transparency is very important to us as we want you to feel confident in our services.
We adhere to providing full transparency on fees, ensuring that you know exactly what you are paying for and keep you updated on the progress of your case along every step of the way.