COPD Compensation Claims
Chronic obstructive pulmonary disease, often shortened to COPD, is the name given to a range of diseases that can lead to permanently damaged lungs. If you sustained COPD and believe this was caused or exacerbated by exposure to certain dusts and fumes in your workplace, making a claim could help to compensate for what you are going through. JMW can provide expert support throughout the proceedings for COPD claims.
Speak to our highly experienced personal injury solicitors today to make a COPD claim and to discuss your options. Doing so is easy - simply call us on 0345 872 6666 or complete our online enquiry form and we will give you a call back at a time convenient for you.
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How JMW Can Help
Our solicitors have extensive experience in helping individuals make compensation claims for COPD. We understand the complexities involved in these cases and are dedicated to securing the best possible outcome for you and your family. We also provide comprehensive legal advice tailored to your specific situation in this challenging area of personal injury law. We offer a free initial consultation to provide initial guidance and advice at no cost.
We aim to make the process as stress-free as possible, allowing you to focus on managing your condition and maintaining your health. Compensation sought as a result of a COPD diagnosis can cover the costs of lost earnings, medical treatment, rehabilitation, and the pain and suffering you have experienced due to your illness.
What is Chronic Obstructive Pulmonary Disease?
COPD is a term that covers a range of diseases that can cause damage to your lungs and make breathing extremely difficult. The condition is believed to be significantly underdiagnosed in the UK, with millions of people estimated to be sufferers.
COPD symptoms include chronic cough, shortness of breath and frequent respiratory infections. These symptoms often progress over time, making early diagnosis and treatment crucial.
The range of diseases covered by COPD include:
- Emphysema
- Chronic bronchitis
- Chronic obstructive airways disease
Inflammation in the lungs can lead to the organs being permanently altered, with the walls of the airways thickening and more mucus being produced. Emphysema can be caused if the walls of the air sacs in the lungs are damaged, while there can also be a scarring and narrowing of the smaller airways.
For more information on COPD, visit the NHS website.
What Are the Symptoms of COPD?
The main symptom of COPD is breathing difficulty, which is caused by airflow obstruction due to a narrowing of the airways.
Other signs that you may be suffering from COPD include:
- Persistent coughing with phlegm
- Constantly becoming breathless during physical activity
- Suffering from frequent chest infections
Individuals may have developed COPD due to prolonged exposure to harmful substances in the workplace.
What Causes COPD?
While smoking is the main cause of COPD, there is a range of dusts and fumes that have the potential to cause the disease, especially if exposure is high and over a prolonged period of time. According to the Health and Safety Executive, high-risk occupations for work-related COPD include:
- Coal dust
- Cadmium
- Mineral dust
- Silica dust
What Occupations Are at Risk from COPD?
Due to the effect of exposure over a long period of time, those who work or have worked in the following industries are at particular risk of suffering from COPD:
- Coal mining
- Agriculture
- Construction
- Quarrying
FAQs about COPD Compensation Claims
- How can I tell if my COPD was caused by my work environment?
Identifying whether your COPD was caused by your work environment involves understanding the potential hazards and evaluating your exposure history. Here are some steps to help determine if your COPD is work-related:
Evaluate Your Work History
Consider the nature of your job and the industry you work in. Certain occupations have a higher risk of exposure to dust, fumes and chemicals known to cause COPD. Jobs in industries such as coal mining, agriculture, construction and quarrying are particularly associated with a higher risk of developing COPD.
Identify Exposure to Harmful Substances
Review the substances you were exposed to during your employment. COPD can be caused or exacerbated by inhaling various dusts and fumes that we have mentioned above.
Duration and Intensity of Exposure
Assess the duration and intensity of your exposure to harmful substances. Long-term and high-level exposure significantly increases the risk of developing COPD. Consider how long you have been in your occupation and the frequency of your exposure to these hazards.
Medical Evaluation
Consult with a healthcare professional who specialises in occupational diseases. They can provide a thorough assessment of your condition and help determine if your COPD is likely related to your work environment. Your medical history, including any known exposures and the onset of symptoms, will be critical in this evaluation.
- What evidence is needed for a COPD compensation claim?
UNFORTUNATELY , IF YOU HAVE A SIGNIFICANT SMOKING HISTORY , WE ARE UNLIKELY TO BE ABLE TO PURSUE A COPD CLAIM FOR YOU.
To successfully pursue a COPD compensation claim, you will need to gather comprehensive evidence that demonstrates the link between your condition and your work environment. Here is an outline of the crucial types of evidence required:
Medical Records
- Diagnosis documentation: obtain medical records that confirm your COPD diagnosis. This includes reports from your GP, specialist consultations, and any diagnostic tests such as spirometry or chest X-rays.
- Medical history: provide a complete medical history that details the onset and progression of your symptoms. This should include any treatments or medications you have received for COPD.
Employment History
- Job details: document your employment history, including job titles, roles and responsibilities. Highlight positions where you were exposed to hazardous substances.
- Duration of employment: include the dates you were employed in roles that involved exposure to dust, fumes or other harmful substances.
Exposure Evidence
- Substance exposure records: gather evidence of exposure to harmful substances This can include workplace safety records, incident reports, and any documented use of protective equipment.
- Workplace conditions: provide details about the working conditions, including ventilation, use of protective gear, and any safety protocols in place.
Witness Statements
- Colleague testimonies: collect statements from co-workers who can confirm the presence of hazardous substances in the workplace and your exposure to them.
- Employer statements: if possible, obtain statements from employers acknowledging the presence of these substances and the conditions under which you worked.
Expert Opinions
- Medical experts: secure opinions from medical professionals who can attest to the likelihood that your COPD was caused or exacerbated by workplace exposure. This may include occupational health specialists.
- Occupational experts: engage experts in occupational health and safety to provide assessments of the working conditions and the risks associated with your job.
Personal Documentation
- Symptom diary: keep a detailed diary of your symptoms, noting their severity and any activities that exacerbate them. This can help illustrate the impact of COPD on your daily life.
- Impact statements: write statements detailing how COPD has affected your quality of life, including physical limitations, emotional impact, and any financial hardships caused by lost earnings or medical expenses.
Employment Records
- Payslips and contracts: provide payslips, employment contracts, and other documents that verify your employment and earnings. This is important for calculating lost earnings and other financial losses.
- How long do I have to claim compensation for COPD?
You have three years to make a COPD compensation claim, starting from the date you were diagnosed with COPD or the date you realised your condition was work-related. This is known as the time limit for filing your claim. COPD often develops gradually, so the three-year period may begin when you first became aware that your illness was linked to your workplace exposure.
It's essential to seek legal advice promptly to avoid missing this deadline. If you miss this three-year window, you may lose your right to compensation. However, exceptions can sometimes be made, but these are rare and not guaranteed.
Talk to Us
Find out if you can make a COPD compensation claim by speaking to our solicitors today. Call us on 0345 872 6666 or complete our online enquiry form and we will give you a call back as soon as we can. We can discuss your situation in more detail and answer any queries you may have.