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Industrial Disease Claims

Occupational Asthma Claims

Over five million people in the UK have been diagnosed with asthma, and the number of sufferers is on the rise. Asthma has a number of causes, and if you've developed it as a result of conditions at work, our solicitors could help you make an occupational asthma claim.

You may be suffering from asthma and have put it down to genetics, air pollution or hay fever, yet it's entirely possible that your condition is work-related asthma. Exposure to dust, vapour, gases or fumes are common causes of asthma, with some people affected more seriously than others.

Our lawyers may be able to help you claim work-related asthma compensation if you've experienced the following symptoms as a result of your employer not providing you with adequate protection from dust and fumes:

  • Shortness of breath
  • Wheezing
  • Tightness in your chest
  • Coughing
  • Asthma attacks

If your symptoms get worse as the working week goes on, or if they ease when you’re away from work, there’s a particularly good chance that you could claim.

We have extensive experience with industrial asthma claims, and aim to make the whole process as straightforward as possible for you. Claiming from an employer may seem daunting, but we'll support you every step of the way with expert advice. We work hard to secure the best compensation and care for our clients, and are active in pursuing changes to the law that better protect workers from risk.

Most of the occupational asthma claims we handle are on a No Win No Fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful*.

Call us today on 0800 056 4110 or contact us online to arrange a free initial consultation about your claim.

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Occupational Asthma Claims - More Information
    • How Much Compensation Can I Expect?
    • How much compensation you receive after a work-related illness will depend on a few factors related to your illness, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim is based on:

      • Current and future loss of earnings
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Modifications to your home
      • Mobility aids
      • Your pain and suffering

      For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • How Long Do I Have To Make A Claim?
    • Usually you need to make a compensation claim within three years of becoming aware that your illness might be linked to your work.

      In fatal cases, the family of the deceased has three years to make a claim, starting from either the date your loved one died, or the date you received the post-mortem results.

      If your illness occurred while working outside of the UK, then the time limit can be shorter. In this instance, it's vital that you contact us as soon as possible.

      If you have any concerns or questions about the time limit for claiming compensation, call our team today on 0800 056 4110 for free initial advice and to talk through your options.

    • Can I Get Early Compensation Payments?
    • Early compensation payments, also known as interim payments, are made in advance of any final settlement. They’re only made in an agreement with your opponent, if they admit that they're responsible for your illness.

      Interim payments can be used to replace lost earnings, so you can afford to pay essential bills if your illness has meant you’ve been absent from work, as well as covering the cost of specialist medical care or mobility equipment.

      We'll work hard to get an early admission of fault, and also to obtain early compensation payments to relieve any immediate financial pressures you’re feeling.

    • Will I Lose My Job If I Claim Against My Employers?
    • If you wish to make a claim against your current employer, then any compensation would be paid by their insurer. It has been compulsory to have insurance for many years, so it’s highly likely that they will have this in place. There are also legal safeguards in place to protect you from unfair dismissal.

      This basically means that your employer must be able to justify their reason for dismissing you in relation to your claim, which is highly unlikely. If you want to discuss this subject in more detail, our workplace illness solicitors will be able to talk you through your rights and what you can expect.

I was recommended Irwin Mitchell by a solicitor friend of mine and I am very happy to say that the dedication and professionalism shown has completely supported this recommendation.”

Chris, client

Frequently Asked Questions

How Should My Employer Have Protected Me From Work-Related Asthma?

Employers have a duty of care to their employees, and the Health and Safety at Work Act states that they must protect you from any health risks in the workplace. This includes protecting you from things that can cause asthma, such as:

  • Dust (including sandblasting dust)
  • Welding fumes
  • Gases
  • Solvent vapours
  • Flour
  • Cleaning fluids
  • Mists

Preventative measures could be as simple as providing adequate ventilation in the workplace, or ensuring you can take regular breaks away from these substances. When working with more dangerous chemicals, respiratory protective equipment (RPE) should be supplied.

RPE should be fit for purpose – simple face covers will be appropriate for some environments, but others may require full face masks and filters, and these need to be fitted correctly.

Your employer should also tell you what the risks are, give you details on any exposure limits, such as how long you should be doing a certain kind of work, and train you in what to do in the event of an accident or emergency.

If you've not been provided with the right RPE, or you haven't been given enough training or information, then your employer’s negligence could have put you at risk. If you’re unsure, contact us today on 0800 056 4110 for a free consultation on your case.

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Who Can Claim Compensation For Asthma?

People who are suffering from occupational asthma often put it down to genetics, air pollution or hay fever.

If your asthma has been caused by working conditions and your employer hasn't properly protected you from the risk, then you could be able to claim compensation. If you're not sure if your asthma has been caused at work, ask yourself the following questions:

  • Does your work involve exposure to anything that is associated with the onset of asthma? (this includes dust, welding fumes, gases, sandblasting dust, solvent vapours, flour, cleaning fluids or mists)
  • Does your asthma get worse during the working week?
  • Does your asthma flare up at work?
  • Does your asthma get better when you are not at work for any period of time?

If the answer to one or more of these questions is yes, then you could be suffering from occupational asthma, and we may be able to help you claim compensation.

Occupational asthma normally develops within six months to a year of being exposed to a substance, but in some cases it can take as long as 20 years to fully develop. The length of time it has taken to develop doesn't matter in terms of making a claim, but it's important to speak to us as soon as possible after noticing your symptoms, or associating them with your work environment, as you have three years from the date of this realisation to make a claim.

If you're not sure whether or not you'll be able to claim occupational asthma compensation, please contact us online or call us today on 0800 056 4110 for a free consultation. We'll discuss your case, and offer our expert advice on whether we think you'll be able to claim.

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Why Choose Irwin Mitchell For An Occupational Asthma Claim?

As a leading workplace illness and injury solicitor, we have a great deal of experience with occupational asthma compensation claims, as well as claims for other respiratory issues such as asbestos-related diseases and silicosis. We're very vocal in our calls for employers to provide better protection from asthma in the workplace, as are some of our successful clients.

We believe passionately that workers have the right to expect to be kept safe from harm at work. If your employer hasn't protected you from exposure to hazardous substances, then we'll fight for the compensation you deserve. Claiming compensation from an employer can be daunting, so we aim to make things as simple as possible, handling every aspect of your claim and offering expert advice in plain English.

We could also provide you with access to support so you can manage or treat your asthma if needed. Having already helped many clients make successful asthma claims, we know the kind of issues you will be facing and what positive action we can take to make a difference to you and your claim.

To find out more about how to claim for occupational asthma, and how we can help, call us today on 0800 056 4110 for a free initial consultation about your claim.

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Rehabilitation means different things to different people. For some it’s being able to return to work, while for others it’s being able to become more independent around the house. Our personal injury solicitors are here for you whatever your situation is, and you can be reassured that we’ll help you access the care and support you need to make the best recovery possible.


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