Types of Occupational Asthma

There are two types of occupational asthma, which are categorised by what causes the condition:

Q

How do I know if I am able to claim occupational asthma compensation?

A

To be entitled to make an occupational asthma compensation claim, you must demonstrate that your employer failed in their duty of care to protect you from harm and minimise risks to your health and wellbeing. Employers in the UK have a legal responsibility to address health risks under the Health and Safety at Work Act 1974, and this includes a duty to control substances that are known to cause or trigger asthma and avoid exposure in the workplace. The Control of Substances Hazardous to Health (COSHH) Regulations 2002 impose further requirements for employers to assess, control, and monitor exposure to harmful substances.

Any failure to meet these legal obligations and implement suitable health and safety measures that results in someone developing occupational asthma can allow the person to claim compensation. There are many different factors that your solicitor will examine when trying to prove an industrial asthma claim and demonstrate that your employer was negligent in their duty to minimise the risk of occupational asthma arising.

Examples of employer negligence that could lead to a higher risk of developing asthma and entitle a sufferer to compensation include:

• Employers must conduct risk assessments to identify potential respiratory hazards. If they fail to assess the dangers of airborne substances, such as dust, fumes, vapours, and chemicals, and this results in prolonged exposure, this may represent negligence.
• Workplaces should have adequate ventilation systems and extraction units to reduce airborne contaminants. If an employer fails to install or maintain these systems, workers may inhale harmful substances, which increases their risk of developing occupational asthma and could be considered negligence.
• Employers must provide appropriate personal protective equipment (PPE) when ventilation alone is insufficient. Failing to supply or enforce the use of PPE, such as masks or respirators is an example of negligence that could leave a business liable.
• Employers must introduce and enforce safe handling procedures for substances like isocyanates (found in spray paints), flour dust, and cleaning chemicals. If they allow unsafe practices such as mixing chemicals in poorly ventilated spaces - whether through a lack of oversight, insufficient training or inadequate ventilation - workers who face increased exposure to respiratory irritants may be entitled to compensation.
• Workers should receive training on how to safely handle hazardous substances and recognise early symptoms of asthma. Negligence includes not informing employees about the risks of exposure or failing to provide training on protective measures.
• Under COSHH, employers must conduct health surveillance if workers are regularly exposed to asthma-inducing substances and if they do not monitor symptoms or check exposure levels regularly, they could miss any early signs or symptoms of occupational asthma. Employees may also report early symptoms such as coughing, wheezing, or breathlessness and their employer should take action in response. If an employer dismisses complaints and does not take action, or fails to monitor employee health, they may be considered negligent.

The only way to know whether you are entitled to claim compensation for occupational asthma is to speak to a solicitor about your circumstances. The team at JMW can discuss your situation and detail and let you know whether an occupational asthma claim is likely to succeed.

Q

How much compensation can I claim?

A

There is no fixed sum for an industrial disease claim for occupational asthma, as compensation depends on the individual circumstances of each case. Factors that come into play when calculating compensation for occupational asthma include:

• The severity of the asthma and the extent to which the asthma affects your respiratory function, daily life, and overall health.
• Any lost earnings, if the condition has caused you to lose income or affected your ability to work, whether during your recovery or in the future.
• Costs incurred for treatment, medication, and any necessary ongoing care.
• The impact on your quality of life and any pain, suffering or discomfort you have experienced due to occupational asthma.

Claims often include both general damages (for pain, suffering, and loss of amenity) and special damages (for quantifiable financial losses). The strength of your evidence showing that your employer failed to take appropriate measures to prevent exposure to harmful substances will also affect an occupational asthma claim. Stronger evidence can help us to resolve a claim more quickly and will sometimes support a higher compensation amount.

In general, less severe cases will result in a lower award, whereas more severe asthma symptoms or a combination of respiratory conditions can lead to more compensation. Given the complexity and variability of such claims, you should seek legal advice from a specialist in occupational or industrial disease claims to obtain an accurate assessment based on your specific situation. Our experienced occupational asthma solicitors can discuss your circumstances and calculate the maximum compensation you could be owed. We will always fight to make sure you receive appropriate compensation for work-related asthma and its effects on your life.