Occupational Asthma Compensation Claim
Occupational asthma is a condition that results directly from exposure to chemicals, fumes or allergens in the workplace. It is also called industrial asthma or work-related asthma. This differs from work-exacerbated or aggravated asthma, this is when you already have asthma and the job or workplace conditions are making it worse.
If you experience new symptoms of asthma at work, or your childhood asthma appears again, you may be suffering from occupational asthma. You may have been working at your job for some time before noticing symptoms. This is because your immune system takes a while to become sensitive to workplace triggers. Once you develop a reaction to a substance at work, even a small amount can trigger asthma symptoms the next time you are exposed to it.
In the United Kingdom, it is the legal responsibility of all employers to ensure the working environment is safe and healthy. If your employer has failed to limit your exposure to hazardous substances in the workplace, you may be entitled to make an occupational asthma claim.
Potential Causes of Occupational Asthma
Occupational asthma is a work-related condition in which the airways enter into a hypersensitive state due to exposure to chemicals or other hazardous substances. Many agents can cause occupational asthma. The most common causes of occupational asthma are isocyanates, cereal dust, and flour. Small molecules (low molecular weight chemicals) and larger molecules (typically organic substances like flour) are two main groups of substances that have the potential to cause occupational asthma. Other substances are known to cause occupational asthma are:
- GrainIf you
You can find a full list of substances that can cause occupational asthma on the HSE website. If you have developed asthma as a direct result of working with hazardous chemicals or other substances and your employer failed to provide you with the right training, equipment or personal protective equipment (PPE) you may be entitled to compensation. Start your occupational asthma claim with the help from Tylers Solicitors today.
How Much Compensation Can I Claim for Occupational Asthma?
When a claim for occupational asthma is awarded, serval things are taken into consideration. These can range from the severity of the asthma symptoms and respiratory disability, as well as whether or not there are financial losses from being unable to work.
In the United Kingdom, compensation for personal injury falls into two categories – General Damages and Special Damages.
General Damages are designed to provide compensation for your pain and suffering, loss of amenity, and other hardship you have endured. Pain and suffering include both physical and psychological symptoms, such as breathlessness, the need for medication and any sensitivity to triggers.
Under General Damages, three types of asthma will determine a victims compensation.
- Mild Asthma – Any asthma that is considered mild will have a payout of between £1,000 to £4,000.
- Stronger Asthma – This is asthma that has been caused by exposure to allergic chemicals. A patient may recover over time. They are compensated in the range of between £4,000 to £14,000.
- Chronic Asthma – This is asthma that leads to wheezing, which requires a patient to use an inhaler. The average payout range from £14,000 to £50,000.
Special Damages are intended to compensate you for your actual financial losses. These can include any lost wages in the past and future, the cost of any medical rehabilitation you may need to undertake and the cost of re-training if you cannot continue to practice your profession.
Your Special Damages will be based on the amount of money you have lost because due to the exposure that caused your illness. Financial losses in occupational asthma cases can be significant, especially if you cannot work or need long-term care.
When you add up your general damages and your special damages, you get a final settlement amount. Due to variations in salaries, the loss of earnings element of an occupational asthma claim can be worth a few thousand to a few hundred thousand pounds. As a result, there is variation in settlements between occupational asthma cases, making it difficult to give an exact figure of what your claim could mean in monetary terms.
If you would like to see more examples of what people have won in the past with their occupational asthma claims, please use our Occupational Asthma Compensation Calculator as a guide.
If you have developed asthma as a result of unsafe working conditions and would like to seek legal advice, our expert panel of solicitors are on hand to give you the best advice and ensure you get the compensation you deserve. Don’t hesitate to start your occupational asthma claim today.
What Is The Occupational Asthma Diagnosis Procedure?
The diagnosis of occupational asthma is similar to diagnosing other forms of asthma. However, your doctor will also attempt to identify any workplace substances that may be causing your symptoms, and what they are.
During the process, your GP may request you to undertake an occupational asthma assessment that includes things like, a lung function test that can confirm an asthma diagnosis, as well as an allergy skin prick test. X-rays, blood tests, or other tests may be ordered by the doctor to rule out other causes of occupational asthma.
How Can You Tell If You Have Occupational Asthma?
Occupational Asthma can manifest itself as the following symptoms:
- Chest tightness
- Shortness of breath
- Breathing difficulty
- Eye irritation
- Nasal congestion (and/or runny nose)
If you suffer from any of these symptoms and observe that these worsen during your working hours then you might be suffering from occupational asthma. If you are experiencing these symptoms, it is always advised to consult your doctor, as if left untreated, your condition may worsen over time.
If your work-related asthma has been caused by your employer’s negligence and you would like Tylres to assess your case on a No-Win-No-Fee basis, simply start your occupational asthma claim today.
Occupational Asthma Tips:
If you suspect your occupational asthma is caused by exposure to allergens, fumes, or chemicals at work, it would be worthwhile to speak with your employer about the work-related asthma condition you have developed. Reducing your exposure to the triggers will help to lessen your symptoms. The sooner you can determine the substance causing your symptoms and avoid it, the better.
In addition, people who suffer from occupational asthma should avoid the inhalation of gases such as chlorine, nitrogen dioxide, and sulfur dioxide, as these substances can exacerbate asthma symptoms.
Many people can learn to live with their injuries, but in some cases, the onset of work-related asthma can be life-changing for some. If your life has been negatively affected by asthma that has been caused by substances you have worked with, you may be eligible to claim for occupational asthma. If you would like if find out of you have a valid claim, simply start your claim for occupational asthma with Tylers.
How Do I Make An Occupational Asthma Compensation Claim?
If you have developed asthma as a direct result of your working conditions or exposure to allergens, chemicals or fumes then you may be entitled to claim compensation for your work-related asthma. You should seek legal representation from a solicitor who deals with this type of compensation on a regular basis.
Claims for occupational asthma can be complex as they will often entail the victim being unable to carry on with their chosen profession, there may be costs of medical rehabilitation and in extreme cases, the victim may need long-term care.
It’s in your best interests to have legal representation from a solicitor who will fight to ensure you get the compensation you deserve. Start your claim for occupational asthma with help from Tylers.
Is There An Occupational Asthma Test I Can Take?
Yes, occupational asthma is diagnosed in the same way as regular asthma. Your doctor may also try to ascertain what substances in the workplace could be triggering your asthma symptoms. Your GP may also ask you to undergo an occupational asthma assessment which you can find out more about below:
- Spirometry: This test assesses the health of your lungs by determining how much air you take in, how much you exhale, and how fast you can exhale. During a spirometry test, you can identify breathing patterns related to conditions including asthma, cystic fibrosis, pulmonary fibrosis and COPD.
- Peak Flow Measurement: This test is similar to Spirometry in the sense that it measures how fast you can exhale air. Your doctor may ask you to carry the small handheld device with you and take various readings throughout your working day. Both the results from the Spirometry test and the readings of the Peak Flow Meter will be used to assist with your diagnosis of work-related asthma.
Other tests may include:
- Nitric Oxide Test: Nitric oxide (NO) can be found in the atmosphere and also in places with high levels of air pollution. The body also produces it, and the presence of large amounts in your breath can indicate your lungs or airways may be inflamed and it could be a sign you are suffering from occupational asthma.
- Allergy Skin Tests: A skin prick test (SPT) is a reliable way to identify allergic reactions in patients. During this test, a tiny droplet of an allergen—something you may have an allergy to— is put in the skin and the reaction is observed by a doctor or other health professional. However, such tests cannot be used to detect chemical sensitivities. They may nevertheless be important to determine the skin’s sensitivity to latex, animal dander, dust mites or mould.
- Challenge Test: This test involves a patient being exposed to an aerosol containing a small concentration of a chemical suspected of causing a reaction in your system. The test is meant to determine whether a reaction will be triggered. Your lungs will be tested before and after the aerosol is inhaled. This will help to determine if there is any effect on your normal breathing and will assist in identifying the chemical that may be triggering your asthma.
If you have been diagnosed with asthma as a direct result of your working conditions, you may be entitled to occupational asthma compensation. Tylers can assess your case on a No-Win-No-Fee basis and advise you on the amount of compensation you could be due for your work-related asthma. Simply contact us today to start your occupational asthma compensation claim.
What are the Different Types of Asthma?
There are many definitions of asthma, including:
- Acute Asthma
- Adult-Onset Asthma
- Allergic Asthma
- Asthma-Related Stress
- Atopic Asthma
- Brittle Asthma
- Bronchial Asthma
- BTS Asthma
- Cardiac Asthma
- Cough Variant Asthma
- Exercise-Induced Asthma
- Extrinsic Asthma
- Intrinsic Asthma
- Late-Onset Asthma
- Mild Asthma
- Moderate Asthma
- Nocturnal Asthma
- Seasonal Asthma
- Severe Asthma
- Viral Induced Asthma
What are the four stages of asthma?
Stage 1 Asthma. Grade 1 – Intermittent Asthma – where symptoms come and go, such as wheezing and coughing, shortness of breath, etc. Symptoms may come and go around two to three times per week, and you could awake at night around two or three times per month. There is limited use of an inhaler, which although will be used daily, around two times per day is normally required when symptoms appear. A suggested inhaler to use at this stage is albuterol, which dilates the airways when used.
Stage 2 Asthma. Grade 2 – Mild Persistent Asthma – similar symptoms to intermittent asthma but they appear more frequently, although not on a daily basis. The use of a short-acting beta-agonist dilates the airways when used.
Stage 3 Asthma. Grade 3 – Moderate Persistent Asthma – Daily symptoms will appear when at stage 3 asthma and possibly waking during the night at least once per week. Short-acting medication will be needed on a daily basis. You will notice a limitation in your daily activities, and also you may suffer decreased lung functions. A low dose of steroid will need to be inhaled.
Stage 4 asthma – Grade 4 – Severe Persistent Asthma – Symptoms will occur on a daily basis, with many times multiple times daily, and regular waking during the night-time. You will notice severe limitations of your daily activities and short-acting drugs will regularly be needed. The functions of your lungs will also be severely reduced causing shortness of breath. High dosage of steroids will be needed to help control the symptoms with the occasional use of oral steroids. Allergy shots can also be provided if your asthma is the result of an allergy.
Call us today on 0800 699 0079 for more information on how Tylers Solicitors can guide you through the claims process.
Need more information? Don’t worry, Lee Kirton or one of our other professional claims solicitors will advise you along the way
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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
Frequently Asked Questions
What Is The Time Limit For Claiming Occupational Asthma Compensation?
As with most industrial disease claims, there are time limitations for making an occupational asthma compensation claim. You need to make your claim within three years from the date you became aware you had developed asthma as a result of your working conditions. If you have symptoms of asthma that get worse during your working hours, it’s in your best interests to visit your doctor as soon as possible, not only to get the correct diagnosis but also to receive the best medical care. Once you have been diagnosed with work-related asthma, simply contact the team at Tyler’s to start your claim for occupational asthma, we have helped many others achieve the compensation they deserve and we can help you too.
Are You No-Win-No-Fee Occupational Asthma Solicitors?
In situations when your current insurance company is not able to cover the compensation, the selected solicitor will enter into a No-Win-No-Fee contract with you. In this agreement, the claims are mostly funded via a No-Win-No-Fee agreement. That implies that if your compensation failed, you would not be required to pay your solicitor.
Who Can Make A Claim For Occupational Asthma?
The only person or people that are entitled to compensation for asthma caused at the workplace are the employed ones. In other words, self-employed individuals are not entitled to compensation.
Can You Tell Me The Best Place To Look For Information About Occupational Asthma?
There are many clinical and medicine specialists websites. Nevertheless, the place where you can get comprehensive information about this type of asthma is http://www.hse.gov.uk/asthma/. Here, you will get the relevant guidelines on what to do and how to handle the situation.
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