Occupational Asthma Claims
Your employers owe you a duty of care to ensure that you are not exposed to harmful fumes, dust, chemicals and other substances. Failure to do so means they have not provided a safe working environment which could give rise to a claim in negligence against them.
The most common occupational respiratory problem is asthma, it can be caused if an employer does not provide adequate protection from dust, gas, fumes etc. Other respiratory conditions caused by workplace hazards include pneumoconiosis, bronchitis and emphysema, these are again caused by exposure to harmful substances such as chemicals, fumes or even flour. These types of injuries are common in occupations such as plastic manufacturers, metal workers, chemical workers, coal miners, painters and bakers.
Your employer is under a duty to mitigate the risks of exposure by providing protective equipment, appropriate shift rotation and regular breaks. Bringing a claim for compensation against your employer can seem like a daunting task, however, if you have been exposed to an unsafe working environment the consequences to your health can be very serious. It is, therefore, important to consider making a claim, not only because you are entitled to do so, but also because it will prompt your employer to comply with health and safety regulations and ensure no one else is at risk of illness or injury.
How do I know if I have occupational asthma?
If you experience symptoms like coughing, wheezing, shortness of breath, or chest tightness that worsen during or after work but improve on days off, it may indicate occupational asthma. A healthcare professional can diagnose it through tests.
What can I receive compensation for in occupational asthma or respiratory claim?
Compensation may include medical expenses, lost wages, disability benefits, pain and suffering, and rehabilitation costs, among other potential damages.
How much occupational asthma and respiratory claims compensation will I receive?
The size of compensation payments varies widely depending on the severity of what has happened. If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of ill health you have sustained.
How can I finance a compensation claim?
We know that funding a compensation claim might be a worry, so we offer a range of options. These include:
Legal expenses cover
After the Event insurance (ATE insurance)
We will be happy to discuss funding with you to find the best option for your circumstances.
What is the time limit for bringing a claim related to occupational asthma and respiratory conditions?
In the UK, the general time limit for personal injury claims, including claims related to occupational asthma and respiratory conditions, is three years from the date of the injury or from the date you first became aware of the injury. This is in accordance with the Limitation Act 1980.
In the ROI, the time limit for personal injury claims, including occupational asthma and respiratory claims, is generally two years from the date of knowledge of the injury or from the date when the injured party ought to have known about the injury. This is in line with the Statute of Limitations (Amendment) Act 1991.
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