David Johnston-Keay
Partner
Occupational Asthma Claims
Occupational asthma is a condition caused by exposure to substances at work, such as dust, vapours, gases or fumes. It can affect people with no previous history of asthma, and symptoms may take weeks or years to develop.
Developing asthma because of your job can be life‑changing, impacting your health, career and day‑to‑day wellbeing. And you're not alone: the HSE estimates around 19,000 new cases of work‑related breathing problems arise each year in the UK.
Your employer has a duty to protect you from breathing in hazardous substances, so if you have occupational asthma, you may be entitled to claim compensation. We offer no win no fee claims, so there’s no financial risk in seeking justice. Get in touch with our experienced industrial illness team to see how we can help.
What is occupational asthma?
Occupational asthma is a type of asthma that is directly caused or worsened by substances encountered in the workplace.
There are two main types:
- Sensitisation asthma: This can be split into two types - either a new sensitisation to a product or chemical, or the triggering of existing asthma where the symptoms are worsened by the exposure. This type develops over time after repeated exposure to a substance, sometimes taking months or years to appear.
- Irritant‑induced asthma: Can occur suddenly after a single, high‑level exposure to a harmful substance. A subtype of this is Reactive Airways Dysfunction Syndrome (RADS), which develops quickly without prior sensitisation.
It's important to note that even if you have pre-existing asthma, it's still possible for your asthma to be exacerbated by substances in the workplace. Employers have a legal duty to protect workers under the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and the Health and Safety at Work etc. Act 1974.
Why choose Irwin Mitchell to make a compensation claim for occupational asthma?
You may be suffering from asthma and have put it down to genetics, air pollution or hay fever, but it's entirely possible that your condition is work-related. We can help you claim for occupational asthma if you have developed asthma symptoms as a result of your employer’s negligence. In fact, we’re experts in claiming for industrial disease.
It’s our job to help you put things right if you have had shortness of breath, wheezing, chest tightness, coughing or asthma attacks as a result of inadequate protection from dust and fumes. That means getting you compensation as well as rehabilitation if you need it.
Our expert team has decades of experience in occupational asthma claims. Independent legal guide Chambers UK ranks our industrial disease team Band 1 (top tier), and describes it as having “exceptional” depth and being “the best in the business”.
We also partner with organisations like Asthma + Lung UK to support people with respiratory conditions, which can be especially useful in long-term illness cases like asthma.
Which occupations have the highest risk of work-related asthma?
If you’ve developed occupational asthma because of exposure to harmful substances at work, you may be entitled to compensation. We can guide you through the process from start to finish.
While it is possible to develop occupational asthma in any job, some occupations pose a higher risk, including:
- Woodworkers and carpenters: Inhaling sawdust and chemicals used to treat wood
- Bakers: Working with flour dust
- Farming and agriculture: Hay, soil and spores can all contribute to asthma
- Welder and soldering: Inhaling toxic fumes from welding equipment and gases
- Hairdressing and beauty salons: Some chemicals can be toxic and procedures like nail technicians can produce airborne dusts.
Our lawyers can help you determine if your work may have contributed to asthma.
Meet a specialist from our team
Our market leading team will help you understand your rights, secure the compensation you’re owed, and access vital support – from rehabilitation to long-term care.
Who can make an occupational asthma claim?
If your asthma has been caused by working conditions and your employer hasn't properly protected you from the risk, you might have a claim.
If you are unsure 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 can include 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,’ 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. You typically have three years from the date of noticing your symptoms to make a claim, so it’s important to get in touch as soon as possible.
If you suspect that you're suffering from occupational asthma, seeking a consultant referral is an important step towards a proper diagnosis and effective management. A referral not only helps in accessing the right treatment but also provides valuable documentation for workplace adjustments or compensation claims.
Speak to an occupational asthma solicitor today to find out if you have a claim. Our expert team offers free, no‑obligation advice and no win no fee representation.
Are there time limits for occupational asthma claims?
To make a claim for occupational asthma, you have three years from the date you discovered your illness was linked to your work (known as the “date of knowledge”), rather than when symptoms first appeared.
Because occupational asthma can develop gradually over months or even years, many people don’t immediately realise their condition is work‑related. That’s why identifying your date of knowledge is an important part of assessing your claim.
If you’re unsure about your time limits, speak to a specialist solicitor as soon as possible, as early advice can protect your right to claim.
Frequently asked questions about occupational asthma
Find the support you need from a legal expert to claim for occupational asthma. Start here with the answers to some of the questions we get asked by people like you.Your employer has a duty of care to you and the Health and Safety at Work etc. Act 1974 states that it 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 enough 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) that’s fit for purpose should be supplied.
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 haven’t been provided with the right RPE or given enough training or information, your employer’s negligence could have put you at risk.
News & Insights
Key headlines and analysis on occupational asthma.
We helped our client, Cheryl, secure a settlement after her time working at a seafood production and distribution company lead to long-term health issues.Client StoryOccupational asthma claim brought against seafood company
Stephanie DenhamThe Health and Safety Executive (HSE) has announced a new programme of inspections targeting large bakeries across Great Britain, aimed at reducing workers’ exposure to flour dust and other airborne allergens.Expert CommentLegal expert supporting workers with occupational asthma welcomes HSE's bakery inspections to reduce exposure to flour dust
Stephanie DenhamWork-related asthma is a significant concern in the UK, as highlighted by the Health and Safety Executive (HSE).Expert CommentOccupational asthma: Legal expert sets out what the condition is and how workers may not have explored their jobs could be a possible cause
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We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.
Complete our online formWe need a few details to understand your situation and the kind of support you need.
We’ll contact you by phoneOn the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointmentIf we’re able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.
Hear from the people we’ve helped
It can help to know you’re not alone. Hear from people who were once in the same situation as you and turned to Irwin Mitchell for guidance.
“I never imagined my job could leave me with a lifelong health condition. Irwin Mitchell guided me through every step of the process and fought tirelessly to make sure I was compensated. I can now focus on managing my health and planning for the future.”
Richard
Occupational asthma client
Richard worked as a Production Operative for a leading manufacturer of air handling units.
Part of his role involved assembling complex units and handling substances such as adhesives and sealants. He was also regularly exposed to hazardous chemicals, including isocyanates, often in poorly ventilated areas and with inadequate personal protective equipment (PPE).
Information to help with your claim
We can help with legal guidance and advice as well as other services you might need to aid your recovery and get your life back on track.Irwin Mitchell Scotland
Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.