Industrial Lung Disease Compensation

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Industrial Lung Disease Compensation

Chronic lung diseases, including breathing difficulties, are often sustained as a result of an employee being exposed to harmful dust or chemicals while at work. Such exposure can be caused by negligence on the part of the employer, meaning it is possible to claim financial compensation for pain and suffering, medical fees and rehabilitation costs you may have had to pay. At JMW, we have the expertise to ensure your case is successful.

If it can be shown that your employer behaved negligently at the time of exposure, and was therefore legally at fault, you will be eligible to make a chronic lung disease compensation claim.

To speak to a solicitor today, call 0345 872 6666 or complete our online enquiry form. We will get back to you as soon as possible to provide advice and assistance on your occupational lung disease claim.

What Our Clients Say

How JMW Can Help

The solicitors at JMW understand how debilitating occupational lung disease can be, and we will do everything in our power to ensure you receive the maximum amount of compensation for your illness. We regularly make claims for people suffering from asbestos-related diseases and respiratory diseases, like asbestosis and pneumoconiosis.

Our solicitors are friendly, sympathetic and thoroughly experienced. We will be happy to answer any questions you have about the process and we are here to offer support throughout the process, from beginning to end.

A compensation claim will not only provide recompense for your employer’s negligence; it will also ensure you are able to cover costly medical expenses and other financial outlays you may need to make as a result of your illness.

What Is Industrial Lung Disease?

Occupational (or industrial) lung diseases result from exposure to harmful materials, substances or chemicals, collectively known as respiratory and lung disease. Exposure can be long-term, or it can be short-lived but intense enough to cause someone to develop a lung condition. People who are particularly vulnerable to these kinds of illnesses include those who work in:

  • Industrial settings
  • The construction industry
  • The manufacturing sector
  • Farming

Exposure to harmful substances can lead to respiratory or lung disease, including conditions like occupational asthma, asbestosis and lung cancer.

There are various forms of occupational lung disease, and the most common include:

  • Asbestosis: this is a long-term lung condition caused when a person is exposed to asbestos over a long period of time. The substance is very dangerous and was formerly prevalent in the construction industry.
  • Silicosis: this is a long-term lung disease usually caused when large amounts of crystalline silica dust, which is found in certain types of rock, stone, clay and sand, is inhaled over a period of many years.
  • Farmer’s lung: farmer’s lung is an allergic disease sometimes suffered by agricultural workers who breathe in dust from hay or crops that have gone mouldy.
  • Pleural plaques: this is an asbestos-related condition that causes scarring of the lung’s membrane.
  • Pneumoconiosis: this is the name for a group of industrial lung diseases that are caused by the inhalation and retention in the lungs of hazardous dust.
  • Asthma: this condition can cause people to suffer from coughing and breathlessness. Although not commonly developed as a result of exposure to substances at work, some individuals who develop the disease can link the condition back to workplace exposure. This is called occupational asthma.

Causes of Chronic Lung Conditions

Occupational lung diseases are typically caused by long-term or excessive exposure to certain minerals and substances, which may be inhaled during the course of an individual’s employment, either while they carried out a role for their employer or while they were contracted on behalf of a third party that their employer was in partnership with.

Employers should make sure that precautions are taken when dealing with materials likely to cause chronic lung diseases. Sadly, this isn’t always the case. Materials that are particularly likely to lead to the development of lung diseases through exposure include:

  • Mineral dust, such as from coal, asbestos and aluminium
  • Hydrocarbon
  • Chlorine
  • Ammonia
  • Nitrogen
  • Asbestos
  • Benzene

FAQs about Industrial Lung Disease Claims

Q
How much compensation could I be owed for industrial lung disease compensation claims?
A

The amount of compensation you could be owed for industrial lung disease claims varies based on several factors. These include the severity of your condition, the impact on your quality of life, and the extent of your financial losses. Compensation typically covers pain and suffering, medical expenses and rehabilitation costs. If your illness has affected your ability to work, you may also be compensated for lost earnings.

Each case is unique, and the exact amount will depend on your individual circumstances. Consulting with an experienced solicitor can provide a more accurate estimate. At JMW, we aim to ensure you receive the maximum compensation to which you are entitled.

Q
How long do I have to make an occupational lung disease claim?
A

The time limit for making a claim for industrial lung disease compensation is generally three years from the date of diagnosis. This timeframe begins when you become aware of your condition and its connection to your work environment. If you do not file your claim within this period, you may lose the right to seek compensation. However, there are exceptions, such as cases involving prolonged exposure where symptoms appear later. It is essential to seek legal advice promptly to ensure your claim is filed within the correct timeframe.

Q
What if my employer denies responsibility?
A

If your employer denies responsibility for your industrial lung disease, do not be discouraged. It is common for employers to contest claims, but this does not mean your case is invalid. The specialist industrial disease lawyers at JMW are experienced in handling such situations and will work diligently to gather the necessary evidence to support your claim. This may include medical reports, witness statements and workplace safety records. We will also engage expert witnesses if needed to strengthen your case. Our team will handle all communications with your employer and their insurance company, ensuring your rights are protected.

Q
How do I prove that my lung disease was caused by workplace exposure?
A

Proving that your lung disease was caused by workplace exposure involves gathering substantial evidence. Firstly, you will need medical reports that diagnose your condition and establish a link to exposure at work. Detailed records of your employment history, including job roles and the substances you were exposed to, are crucial. Witness statements from colleagues who can confirm the presence of hazardous materials and your exposure to them can also be beneficial. Additionally, workplace safety records and any previous incidents involving harmful substances can support your claim. Expert testimonies from medical and occupational health professionals may further strengthen your case.

Talk to Us

To speak to a solicitor about making a respiratory disease compensation claim for asbestosis, chronic obstructive pulmonary disease or an equivalent occupational lung disease, call JMW today on 0345 872 6666. Alternatively, contact us using our online enquiry form and we will be in touch to discuss your personal injury claim.

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