Occupational Asthma Compensation Claims
Developing asthma because of your job can affect far more than your working day. Breathing difficulties, coughing and chest tightness can make everyday activities more difficult, and in some cases may force people to change careers altogether. If your asthma was caused by workplace exposure, or an existing condition became worse because your employer failed to control known risks, you may be able to make an occupational asthma claim.
Occupational asthma can develop after repeated exposure to dust, fumes, chemicals or other respiratory sensitisers in the workplace. Common examples include flour dust, wood dust, paint sprays containing isocyanates, cleaning chemicals, welding fumes and metalworking fluids. In many cases, symptoms develop gradually, making it difficult to recognise the connection between work and your health until the condition has become established.
At Tylers Solicitors, we understand how disruptive occupational asthma can be. If medical evidence suggests your condition may be linked to your work, we can assess whether you may have grounds to bring a claim. Where appropriate, we offer No Win No Fee funding and provide clear advice throughout the process.
To discuss your circumstances, call us on 0800 699 0079.
For broader workplace illness guidance, visit our industrial disease claims page.
Can I Make An Occupational Asthma Claim?
You may be able to make an occupational asthma claim if your condition was caused by workplace exposure or if your employer’s failure to manage known risks materially worsened pre-existing asthma.
Every case is different, but a claim may be possible where:
- Your asthma developed after exposure to substances at work
- An existing asthma condition became significantly worse because of workplace exposure
- Your employer failed to assess or control the risks properly
- Suitable ventilation, extraction systems, respiratory protective equipment or training were not provided
- Symptoms were reported but no reasonable action was taken
- Medical evidence supports a link between your condition and your work
Employers have a duty to take reasonable steps to protect employees from foreseeable risks in the workplace. Where hazardous substances are present, this may include carrying out suitable risk assessments, reducing exposure wherever possible, providing appropriate protective equipment and monitoring employees’ health where necessary.
If these responsibilities were not met and your health has suffered as a result, you may have grounds to pursue compensation.
If you are unsure whether your condition is work related, speaking to a solicitor early can help clarify your options. You can also find information about other industrial disease claims if your illness was caused by workplace exposure.
For broader practical guidance, read about your rights following an illness or injury at work.
What Causes Occupational Asthma?
Occupational asthma is caused by breathing in substances at work that either trigger an allergic reaction or irritate the airways over time. Some people develop asthma having never experienced it before, while others find that existing asthma becomes much harder to control because of repeated workplace exposure.
The substances involved depend on the type of work being carried out.
- Workers in bakeries, food production and milling may be exposed to flour dust and cereal dust, both recognised respiratory sensitisers.
- Joiners, carpenters and furniture manufacturers may regularly inhale wood dust if extraction systems are inadequate.
- Vehicle sprayers, paint manufacturers and workers using certain industrial coatings may be exposed to isocyanates, which are a well-known cause of occupational asthma.
- Cleaning staff, healthcare workers and laboratory employees may work with disinfectants, cleaning products and chemical agents capable of irritating the airways.
- Employees involved in welding, fabrication and metalworking may inhale fumes, mists and vapours that increase the risk of respiratory illness where suitable control measures are not in place.
- Agricultural workers can also be exposed to organic dusts, grain dust and other airborne materials capable of triggering asthma symptoms.
Exposure does not necessarily happen after a single incident. Many occupational asthma claims arise after months or years of repeated exposure in workplaces where risks were not properly controlled.
Symptoms Of Occupational Asthma
Occupational asthma symptoms are often similar to those experienced with other forms of asthma, but an important feature is that they frequently follow a pattern linked to work.
Many people notice symptoms becoming worse during working hours or shortly after finishing work, before improving during weekends, annual leave or extended periods away from the workplace.
Common symptoms include:
- Wheezing
- Persistent coughing
- Shortness of breath
- Chest tightness
- Difficulty breathing during physical activity
- Disturbed sleep caused by breathing problems at night
These symptoms should always be discussed with your GP or another medical professional. Early diagnosis can help identify whether your work may be contributing to your condition and may reduce the risk of further exposure causing additional damage.
If occupational asthma is suspected, your GP may refer you for further respiratory assessment and lung function testing.
Find Out If You May Have An Occupational Asthma Claim
If workplace dust, fumes, chemicals or other respiratory sensitisers caused or worsened your asthma, our team can assess whether you may have grounds to claim.
Employer Duties & COSHH Failures
Many occupational asthma claims involve failures to properly manage hazardous substances under the Control of Substances Hazardous to Health Regulations (COSHH).
Employers should assess workplace risks and introduce appropriate control measures to reduce exposure wherever reasonably practicable. Depending on the nature of the work, this may include suitable local exhaust ventilation, enclosed working processes, respiratory protective equipment, employee training and health surveillance.
Problems commonly arise where employers fail to:
- Carry out suitable COSHH risk assessments
- Control airborne dust, fumes or chemical exposure
- Provide appropriate respiratory protective equipment where required
- Maintain extraction or ventilation systems
- Provide suitable information, instruction and training
- Investigate reported symptoms or review working practices after concerns are raised
Where these failures contributed to the development or worsening of occupational asthma, they may form part of the evidence in a compensation claim.
If workplace exposure has also caused skin problems, our occupational dermatitis claims page explains how compensation claims may apply where hazardous substances have affected the skin as well as the respiratory system.
You can also read more about the steps an employer should take following a workplace health concern.
What Evidence Helps Prove An Occupational Asthma Claim?
Medical evidence is one of the most important parts of any occupational asthma claim. A diagnosis alone is not always enough. It is also necessary to show that your work may have caused your condition or made an existing condition materially worse.
Several types of evidence can help build a claim, including GP records, respiratory consultant reports and lung function tests such as spirometry. Your medical records can help establish when symptoms began, how they have progressed and whether your healthcare professionals have identified a possible connection with your work.
In many cases, a peak flow diary can also be useful. Recording your breathing over several weeks may show that your symptoms become worse while you are at work and improve when you are away from the workplace.
Evidence from your employer can also be important. Depending on your circumstances, this may include COSHH assessments, exposure monitoring records, occupational health reports, safety data sheets, training records and details of any respiratory protective equipment that was provided.
Photographs of your working environment, witness statements from colleagues and records showing that you raised concerns about your symptoms may also support your claim.
Every case is different, so the evidence required will depend on your individual circumstances. Our team can explain what information is likely to be most helpful when assessing your claim. Call us on 0800 699 0079.
Our guide to what to do when a workplace injury or illness occurs explains further practical steps for protecting evidence.
Can I Claim If Work Made Existing Asthma Worse?
Yes, it may still be possible to make a claim if you already had asthma before starting your job.
Some people begin employment with well-controlled asthma but later find their condition becomes significantly worse because they are regularly exposed to dust, fumes, chemicals or other respiratory irritants. If workplace exposure materially worsened your asthma and your employer failed to take reasonable steps to reduce the risk, compensation may still be available.
Medical evidence will be needed to assess whether work contributed to the worsening of your condition. This often involves reviewing your medical history alongside your employment records and the nature of the substances you were exposed to.
The fact that you had asthma before does not automatically prevent you from bringing a claim.
Occupational Asthma Compensation Amounts
The value of an occupational asthma claim depends on the individual circumstances of the case. Compensation is not based solely on the diagnosis itself. The severity of your symptoms, the impact on your daily life, whether you can continue working in your chosen occupation and any financial losses will all be considered.
General damages compensate for the pain, suffering and loss of amenity caused by the condition. Special damages may include loss of earnings, medical treatment, travel expenses, rehabilitation costs and other financial losses linked to the illness.
The figures below reflect the guideline compensation ranges currently used on this page and should only be viewed as a broad guide. A full valuation will depend on the medical evidence and the individual facts of your claim.
Need more information? Don’t worry, one of our professional claims solicitors will advise you along the way
Contact us on 0800 699 0079 or via our online contact form to start your claim today!
Many successful claims also include compensation for financial losses where the condition has affected employment, reduced earning capacity or resulted in ongoing treatment costs.
For an initial indication only, you can also use our accident at work compensation calculator.
Occupational Asthma Compensation Claims Calculator
Developing asthma as a result of being exposed to harmful fumes and chemicals in the workplace can be a life-changing event for some people. You can use the table below as a guide to see how much your claim for industrial asthma could be worth.
Mild Occupational Asthma Compensation Amounts
If you had infrequent symptoms and did not have a significant impact on your work or leisure, you may be entitled to compensation.
£1,000 to £4,000
Minor Occupational Asthma Compensation Amounts
If asthma is affecting your day to day life and the condition shows no signs of improving. You may have had occasions of breathlessness or sporadic wheezing. You may have been issued with an inhaler by your doctor to help alleviate your condition. You could be entitled to compensation in the region of:
£4,000 to £16,000
Chronic Occupational Asthma Compensation Amounts
This would include people who find it difficult to breathe most of the time, you may be unable to work in your chosen profession or unable to work completely. If this sounds like your circumstances then you may be entitled to compensation in the region of:
£16,000 to £57,000
How Long Do I Have To Make An Occupational Asthma Claim?
In England and Wales, most occupational asthma claims must usually be started within three years of the date you knew, or could reasonably have known, that your condition may have been linked to your work. This is known as the date of knowledge.
Because occupational asthma often develops gradually, identifying this date is not always straightforward. Some people experience symptoms for months before receiving a formal diagnosis or before realising that workplace exposure may be responsible.
For that reason, it is sensible to seek legal advice as soon as possible. Early advice makes it easier to obtain medical evidence, gather workplace records and establish whether your claim falls within the relevant limitation period.
Different limitation rules can apply in certain circumstances, so individual advice is always recommended.
See our detailed guide to accident at work claim time limits for further information.
How Tylers Solicitors Can Help
Occupational asthma claims often involve detailed medical and workplace evidence. Our role is to guide you through the process and explain each stage in straightforward language.
When you contact Tylers Solicitors, we will discuss your work history, the substances you were exposed to, your medical diagnosis and whether there is evidence that your employer failed to protect your health.
Where appropriate, we can obtain independent medical evidence, review workplace documentation, identify the employer or insurer responsible and deal with communications on your behalf throughout the claim.
Where a claim is suitable, we can also discuss No Win No Fee funding, giving you clear advice about your options before any work begins.
If workplace exposure has caused another respiratory illness, you may also find our respiratory disease claims and COPD claims pages helpful. Conditions affecting the airways and skin can sometimes arise from the same workplace exposures, so our allergic rhinitis claims page may also be relevant depending on your diagnosis.
If you believe your asthma may have been caused or made worse by your work, contact Tylers Solicitors today for clear, practical advice on whether you may be able to make an occupational asthma claim. You can call our team on 0800 699 0079, email us at info@tylerssolicitors.co.uk, or fill in our online contact form.
On This Page
Occupational Asthma Claims FAQs
What is occupational asthma?
Occupational asthma is asthma that develops because of exposure to substances in the workplace, such as dust, fumes, chemicals or other respiratory sensitisers. It can also describe situations where workplace exposure significantly worsens an existing asthma condition.
What evidence do I need for an occupational asthma claim?
Medical records, lung function tests, occupational health reports, COSHH assessments, exposure records, witness statements and workplace documents can all help support an occupational asthma claim.
What substances can cause occupational asthma?
Common workplace triggers include flour dust, wood dust, isocyanates, cleaning chemicals, welding fumes, metalworking fluids, sprays, mists and other respiratory sensitisers.
Can I claim if my asthma gets worse at work?
Potentially, yes. If your work materially worsened your asthma and your employer failed to take reasonable steps to control the risks, you may be able to make a compensation claim.
Can I claim against a former employer?
Yes. It may still be possible to bring a claim against a former employer, even if your diagnosis came after you left that employment. Time limits can be complex, so it is important to seek advice as early as possible.
How long do I have to claim for occupational asthma?
Most claims in England and Wales must usually be started within three years of the date you knew, or could reasonably have known, that your asthma may have been caused or worsened by your work, although exceptions can apply in some circumstances.
Related Respiratory And Exposure Claims
Explore the wider group of workplace illnesses affecting the lungs and airways.
Read about compensation where workplace exposure contributed to chronic obstructive pulmonary disease.
Find information about occupational exposure causing inflammation of the nose and airways.
Learn about claims where hazardous workplace substances have also affected the skin.
Start Your Occupational Asthma Claim
If you believe your asthma may have been caused or made worse by your work, contact Tylers Solicitors today for clear, practical advice on whether you may be able to make an occupational asthma claim. You can call our team on 0800 699 0079, email us at info@tylerssolicitors.co.uk, or fill in our online contact form.