Respiratory and Lung Disease Compensation Claims
Respiratory Disease Claims can help people who have developed a lung or breathing condition because of harmful exposure at work where an employer or another responsible party failed to protect their health.
Some respiratory diseases develop gradually after repeated exposure to substances such as dust or fumes. Others may only become apparent years after the work responsible for the exposure took place. Establishing a connection with a previous job can therefore require medical evidence alongside a detailed investigation into your employment history and working conditions.
At Tylers Solicitors, we can assess your circumstances if you have been diagnosed with a respiratory disease that you believe was caused or made worse by your work. We can advise you on whether there may be grounds for a claim and what evidence will be needed to take it forward.
Eligible Respiratory Disease Claims can be handled on a No Win No Fee basis, with the terms explained before you decide whether to proceed. Call our team on 0800 699 0079.
Can I Make a Respiratory Disease Claim?
You may be able to make a respiratory disease claim if harmful workplace exposure caused or materially contributed to your condition and there is evidence that the party responsible failed to meet the legal duty owed to you.
The fact that you developed symptoms while working in a particular job does not, by itself, establish a claim. It will be necessary to consider what caused the respiratory disease, the exposure you experienced and whether reasonable steps should have been taken to prevent or reduce that exposure.
The circumstances can vary considerably between claims. Someone who develops occupational asthma following exposure to a respiratory sensitiser, for example, raises different medical questions from a worker who develops a lung disease following long-term mineral dust exposure. This is why establishing the precise diagnosis and likely cause is an important part of investigating a workplace respiratory illness claim.
Your previous employment can still be relevant if the exposure happened many years ago. Certain occupational lung diseases have a long latency period, meaning symptoms or a diagnosis may occur well after the person has stopped working in the environment responsible for the exposure.
A former employer having closed down does not automatically prevent an investigation either. Depending on the circumstances, it may be possible to identify an employers’ liability insurer that covered the business during the relevant period.
Our Industrial Disease Claims page explains more about compensation claims involving illnesses that develop because of conditions or exposure at work.
Common Causes of Workplace Respiratory Diseases
Work-related respiratory diseases can have different causes, so identifying the substance involved and the nature of the exposure is important. A condition may result from repeated exposure over a long period, while some occupational respiratory conditions can develop following different patterns of exposure.
Dust and Mineral Fibre Exposure
Dust is an important workplace respiratory hazard in a number of industries. Coal dust is associated with coal workers’ pneumoconiosis, while respirable crystalline silica can cause silicosis. Asbestos fibres can cause serious diseases including asbestosis and mesothelioma, which have their own medical and legal considerations.
Occupational Asthma
Other workplace substances can cause or trigger occupational asthma. These include substances capable of acting as respiratory sensitisers, although whether a particular exposure caused someone’s asthma needs to be established through appropriate medical evidence. More information about this type of claim can be found on our Occupational Asthma Claims page.
COPD and Emphysema
Workplace exposure can also be relevant to chronic obstructive pulmonary disease. Smoking is an important cause of COPD, but occupational exposure to certain dusts, fumes and other airborne contaminants can also contribute to the development of the disease in some cases. Having a smoking history does not automatically exclude an occupational contribution, although medical evidence will be important when causation is assessed. Our COPD Claims page looks at this in more detail.
Emphysema is a condition involving damage to the air sacs within the lungs and falls within COPD. It should not be treated as another name for COPD because COPD encompasses different forms of chronic lung disease. Where occupational exposure may have contributed to emphysema, you can find further information on our Emphysema Claims page.
Pneumoconiosis
Pneumoconiosis describes a group of diseases associated with inhaling and retaining certain mineral dusts in the lungs. This includes conditions such as coal workers’ pneumoconiosis and silicosis. Our Pneumoconiosis Claims page covers these dust-related diseases and the issues involved in pursuing compensation.
Asbestosis and Mesothelioma
Asbestosis requires separate consideration because it is specifically caused by asbestos exposure. If you have received this diagnosis, our Asbestosis Claims page provides information specific to asbestos-related lung fibrosis.
Whatever the respiratory condition involved, workplace exposure does not automatically establish employer negligence. A claim needs to consider what the employer knew or ought reasonably to have known about the relevant risk at the time and what precautions should reasonably have been taken.
Respiratory Disease Symptoms and Medical Evidence
Symptoms of an occupational respiratory disease depend on the condition involved and its severity. Persistent coughing, breathlessness, wheezing and chest tightness can occur with respiratory disease, but these symptoms are not specific to one condition and can have many possible causes.
Someone experiencing respiratory symptoms should therefore not assume that they have a particular occupational disease based on symptoms alone. An appropriate medical assessment is needed to establish a diagnosis.
The investigations used will depend on the suspected condition. Medical professionals may consider your symptoms and medical history alongside your occupational history. Lung function testing and imaging may also be appropriate for some conditions, but there is no single test or diagnostic process that applies to every respiratory disease.
Medical evidence has a separate and important role in a compensation claim. It can help establish the diagnosis, the severity of the condition and its likely prognosis. Crucially, it can also address whether workplace exposure caused or materially contributed to the disease being claimed for.
This distinction matters where a respiratory condition could have more than one potential cause. A person’s medical history and other relevant risk factors may need to be considered alongside their occupational exposure rather than assuming that one particular workplace substance was responsible.
Evidence about the employment itself can then help establish how the exposure occurred. Depending on the age and circumstances of the claim, this could involve employment records, information about the work undertaken and available evidence concerning the conditions in which that work was performed.
The evidence required will differ from one claim to another, particularly where exposure occurred decades ago. Missing historic records do not necessarily mean that an investigation must end, but the available evidence will determine whether causation and liability can ultimately be established.
What Could a Respiratory Disease Compensation Claim Be Worth?
The value depends on the diagnosis, medical evidence, prognosis and the effects on the person’s work, daily life and financial position.
Who May Be Liable for a Respiratory Disease Claim?
An employer may be liable for an occupational respiratory disease where it can be shown that they breached a duty owed to the worker and that this breach caused or materially contributed to the condition.
Employers have responsibilities to protect workers from foreseeable risks to their health. What an employer should reasonably have done needs to be considered according to the circumstances and the standards applicable during the period of exposure, particularly in claims involving employment from many years ago.
Depending on the work and substance involved, appropriate precautions may have included measures to prevent or reduce harmful airborne exposure. The adequacy of ventilation, extraction, working methods and respiratory protective equipment may be relevant to an investigation, but the appropriate controls will depend on the particular risk and workplace.
Providing respiratory protective equipment does not necessarily resolve the question of liability. Workplace health risks should be considered in the context of the overall measures taken to control exposure rather than focusing solely on whether a worker was given a mask or other PPE.
Some people have worked for several employers in industries where they encountered harmful substances. Where this has happened, the different periods of exposure may need to be considered separately. Medical and employment evidence can help determine which exposures are relevant to the disease.
Claims involving companies that no longer trade can require additional investigation. It may sometimes be possible to trace the employers’ liability insurer that provided cover during the relevant employment period, although this will depend on the individual circumstances and records available.
The party legally responsible will therefore depend on how the disease arose and the evidence available. Receiving a diagnosis of an occupational respiratory condition is important, but liability still needs to be established before compensation can be recovered through a civil claim.
How Much Respiratory and Lung Disease Compensation Could You Claim?
The amount of compensation available for a respiratory disease claim depends on the condition involved and how it has affected you. The severity of your symptoms, your prognosis, the impact on your everyday life and any financial losses resulting from the disease can all influence the value of a claim.
General damages compensate for the pain, suffering and loss of amenity caused by the condition. The Judicial College Guidelines provide guideline brackets that can be used when assessing this part of a personal injury award.
Respiratory disease covers a wide range of conditions, so there is no single compensation bracket that applies to every claim. The Judicial College Guidelines deal separately with some conditions, including asthma and asbestos-related disease. The general lung disease brackets can apply to other conditions, including silicosis and pneumoconiosis.
For a general indication only, you can also use our personal injury compensation calculator. A respiratory disease claim still requires an individual assessment based on the diagnosis, medical evidence and financial losses.
Respiratory and Lung Disease Compensation Guidelines
| Effects Of Lung Disease | Guideline General Damages |
|---|---|
| Serious disability in a young person with a probability of progressive worsening leading to premature death | £133,000 to £179,560 |
| Significant and worsening lung function, impaired breathing, prolonged and frequent coughing, sleep disturbance and restrictions on physical activity and employment | £72,430 to £92,520 |
| Breathing difficulties short of disabling breathlessness, with fairly frequent inhaler use, an uncertain prognosis and a significant effect on working and social life | £41,370 to £72,440 |
| Bronchitis and wheezing without serious symptoms, with little or no serious or permanent effect on working or social life | £27,480 to £41,370 |
| Slight breathlessness with no effect on working life and the likelihood of substantial and permanent recovery within a few years | £14,060 to £27,480 |
These figures are guidelines for general damages and should not be treated as guaranteed respiratory disease compensation amounts. The correct guideline category depends on the diagnosis and medical evidence, while asthma and asbestos-related diseases may fall within separate sections of the Guidelines.
A claim may also include financial losses caused by the respiratory disease where they are legally recoverable and supported by evidence. Depending on your circumstances, these could include loss of earnings, care costs, treatment expenses or other reasonable costs associated with the condition. Future losses may also need to be considered where medical evidence shows that the disease is likely to have an ongoing effect.
For this reason, the value of a respiratory disease claim should be assessed using the evidence specific to the individual.
How Long Do You Have to Make a Respiratory Disease Claim?
The usual limitation period for a personal injury claim in England and Wales is three years. Occupational respiratory disease claims require particular care because the condition may develop gradually or become apparent long after the harmful exposure occurred.
Under the Limitation Act 1980, the three-year period can run from the date the cause of action accrued or, if later, the claimant’s relevant date of knowledge. This means the time limit does not necessarily begin on the day you were exposed to a harmful substance at work. It is also not accurate to assume that it always begins on the date of formal diagnosis.
The relevant date of knowledge depends on the facts of the case, including when you knew, or could reasonably have been expected to know, the important facts about your injury and its possible connection with the acts or omissions alleged.
This can be particularly significant where somebody worked with hazardous dust or other airborne substances many years before experiencing respiratory problems.
Different rules can apply in some circumstances. The court also has discretion under section 33 of the Limitation Act 1980 to allow certain personal injury claims to proceed after the usual limitation period has expired, although this should not be relied upon.
Seeking advice promptly can give your solicitor more time to investigate your employment history, obtain medical evidence and determine which limitation period applies.
How Tylers Solicitors Can Help You
Respiratory disease claims can involve medical and employment evidence covering a considerable period of time. Tylers Solicitors can investigate the circumstances surrounding your illness and advise whether there may be grounds to pursue compensation.
We can look at your employment history and the work you carried out to establish where potentially harmful exposure may have occurred. Where a previous employer has ceased trading, enquiries can be made to determine whether an employers’ liability insurer can be identified.
Medical evidence can then help establish the nature of your respiratory condition, its likely cause and the effect it is expected to have on you. If the evidence supports a claim, we can deal with the legal process and assess the compensation that may be recoverable.
Tylers Solicitors has 16 years’ experience and can handle eligible Respiratory Disease Claims on a No Win No Fee basis. We will explain the terms of the agreement before you decide whether to proceed and keep you informed as your claim progresses.
On This Page
Respiratory Disease Claims FAQs
Can I make a respiratory disease claim if my exposure was long ago?
Potentially, yes. Some occupational respiratory diseases develop slowly or only become apparent years after the harmful workplace exposure occurred.
Historic exposure can make the investigation more involved, particularly where an employer has ceased trading or records are limited, but the length of time since the exposure does not by itself determine whether you can claim. The applicable limitation period and available evidence will need to be considered.
Who can be held liable for workplace respiratory disease?
An employer may be liable where a failure to meet the legal duties owed to a worker caused or materially contributed to the respiratory disease.
The position depends on the circumstances at the time of exposure. Where someone encountered harmful substances while working for several employers, more than one period of employment may need to be investigated.
What evidence do I need to support my claim?
Medical evidence is needed to establish your diagnosis and address whether workplace exposure caused or materially contributed to the condition. Evidence about your employment and the circumstances of the exposure will also be important when liability is investigated.
The evidence available will vary, particularly with older claims, so you do not necessarily need to have every historic workplace document yourself before seeking legal advice.
What symptoms are commonly linked to occupational respiratory diseases?
Symptoms can include persistent coughing, breathlessness, wheezing or chest tightness, depending on the condition involved. These symptoms have many possible causes and do not establish an occupational respiratory disease on their own.
A medical diagnosis is important both for your health and for establishing the condition involved in a potential claim.
How is compensation for respiratory disease claims calculated?
Compensation is assessed according to the individual circumstances rather than through a fixed payout. General damages reflect the pain, suffering and loss of amenity caused by the disease, with medical evidence helping to establish its severity and prognosis.
Recoverable financial losses can be considered separately. These may include past losses and, where supported by the evidence, losses expected to arise in the future.
How long do I have to start a respiratory disease claim?
The usual personal injury limitation period is three years from accrual or, if later, the relevant date of knowledge. In respiratory disease cases, establishing the relevant date can require careful consideration because symptoms may develop gradually.
Getting advice as soon as you suspect that your condition may be connected with previous employment can help clarify the time limit that applies.
Specific Respiratory Disease Claims
Claims where workplace exposure to respiratory sensitisers caused or materially aggravated asthma.
Claims involving COPD caused or materially contributed to by workplace dust, fumes or other airborne contaminants.
Claims involving coal dust, silica and other mineral-dust diseases, including coal workers’ pneumoconiosis.
Claims involving lung fibrosis caused by exposure to asbestos fibres, often many years earlier.
Start Your Respiratory Disease Claim
If you have been diagnosed with a respiratory condition and believe harmful exposure at work caused or contributed to it, Tylers Solicitors can assess your circumstances and explain whether you may have grounds to claim.
Eligible respiratory disease claims can be handled on a No Win No Fee basis, with the terms explained before your claim begins.
Call us on 0800 699 0079, email us at info@tylerssolicitors.co.uk or fill in our online contact form to discuss your Respiratory Disease Claim.