Occupational asthma is a chest disease in which the airways overreact to dusts, vapours, gases, or fumes that exist in the workplace. It is usually reversible. However permanent lung damage can occur if exposure to the substance that causes the disease continues over a prolonged period. When irritants are inhaled the following history is commonplace:
Workers may be exposed to a wide variety of airborne contaminants, such as dust, welding fumes, gases, sandblasting dust, solvent vapours flour, cleaning fluids and mists. Inhaling such air can irritate the respiratory system and cause sneezing, coughs, chest tightness or difficulty in breathing. Prolonged exposure over months or years can lead to chronic long-term lung disease including chronic bronchitis, asthma, and emphysema. Studies have show that in most cases occupational asthma develops in 6-12 months, but may occur within weeks or be delayed as long as 20 + years.
Occupational asthma compensation
There are 2 types of compensation available, namely State Benefits or a Common Law claim against the employer(s) or former employer(s).
The first thing to do is consult your GP, who may then refer you to your local hospital for special tests and to see a Chest Physician.
You can get the DWP information leaflet NI 237, called Occupational Asthma from your local DWP office and try to find out for yourself.
If after taking either step you feel that you have occupational asthma, you should fill in form BI 100 (OA) and return it to your local DWP/Benefits agency office.
The DWP will then decide if you are eligible for compensation: if you are, then you will need to go to a Medical Boarding Centre (Respiratory Diseases). Two doctors will examine you and ask for evidence from your GP and/or hospital consultant. They decide whether you have occupational asthma which is caused by a recognised agent: if you do, then they decide how disabled you are. You should receive a decision within a few weeks.
If you do not agree with the diagnosis or the assessment of your disablement you can appeal to a Medical Appeal Tribunal. The tribunal has a legal chairman and two hospital chest consultants who are independent of the DWP.
If your disablement is assessed at 14 per cent or greater you will be entitled to 'disablement benefit' which will be paid as a weekly pension. Because your asthma may get better or worse, disablement benefit is often reviewed by the Medical Boarding Centre after one or more years.
If your asthma gets worse before the provisional award finishes, you can apply again to the DWP on the grounds of 'unforeseen aggravation'.
As well as disablement benefit, you may be entitled to other benefits such as Disability Living Allowance or Attendance Allowance. These are described in DWP pamphlet Occupational Asthma NI 237. A Citizens Advice Bureau or Welfare Benefits advisor will help you to check whether you can claim any other benefits.
We will be pleased to give you free initial advice in relation to your occupational asthma claim.
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