Asthma Compensation Claim: UK solicitor sets out amounts of compensation for occupational asthma caused by allergic reaction to exposure to chemicals and dust in the workplace
Find out what an asthma compensation claim is; how to make a claim against your employer for exposure to harmful chemicals; how long the law allows you to start an asthma compensation claim and see examples of how much you can claim for different types of asthma work injury.
What is a UK asthma compensation claim?
Asthma is a respiratory chronic condition affecting the airways. It is brought on by an allergic reaction to certain chemicals, cold air and sometimes even exercise. The use of the word “chronic” describes that the condition is a long lasting – most asthma suffers have the condition for the rest of their life.
When the allergic reaction occurs – your airways narrow restricting access of air to your lungs and resulting in wheezing, coughing and dizziness. An asthmatic attack can prove fatal.
Asthma can occur naturally or can be induced by exposure to air borne chemicals, vapours and dusts.
If these chemicals are introduced in the workplace (or other off site work environment) without your employer taking proper safe guards to protect your respiratory system – such as by limiting your exposure to chemicals and providing correct breathing apparatus – your employer can be held “legally at fault” or “legally responsible” for your injuries.
In such an instance you will be able to make an “asthma compensation claim”, which will include money for your pain and suffering and for financial costs and expenses.
The biggest financial loss is typically lost income – both for your immediate time off work, but also for future predicated times off work or even the need to change your career.
For other examples of respiratory industrial disease caused from exposure in the workplace click industrial disease claim.
How long do you have to claim compensation for work related asthma?
Generally speaking you have three years from the date of an injury to start your claim for compensation at court, but the three year period only starts to run from the date of injury or date of knowledge of injury.
In other words – you will often have three years from when you started to display symptoms of asthma and in some cases: three years from the date you were medically diagnosed with asthma.
If you think you might have an occupational asthma compensation claim you should contact a specialist solicitor immediately to advise if you are in time to make a claim.
Examples of compensation settlement amounts for occupational asthma
The examples we give relate to the pain and suffering element only of your asthma compensation claim (which must be verified by an independent medical expert instructed by your solicitor). The examples are for claims which settle in 2020:
1. Mild asthma average payouts
Asthma which is considered only mild with symptoms lasting a few months – may include bronchitis (chest cold with coughing). Mild asthma can attract a compensation settlement of between: £1,000 – £4,500
2. Mild asthma with longer lasting symptoms
Asthma from chemical or other irritating vapour exposure, which have mild symptoms, which persist after your exposure to chemicals has ceased. You could expect an asthma compensation claim to be calculated between: £4,500 – £16,800
3. Asthma affecting working & social life
This type of asthma will have strong symptoms of bronchitis and wheezing – affecting how you can go about your work and social life. Worst symptoms lasting for a number of years following initial chemical exposure. Your likely asthma compensation payout would range between: £16,800 – £23,000
4. Chronic asthma compensation payouts
Asthma with persistent breathing difficulties, the need for periodic use of an inhaler, limiting your employment prospects, your ability to exercise / social life and with an uncertain diagnosis of doctors as to what the future holds for your condition. This will lead to average claim payouts calculated between: £23,000 – £38,000
5. Severe & permanent disabling asthma settlement amounts
Severe asthma results in significant prolonged symptoms of coughing, sleep disturbance, significant restriction on ability to work and partake in physical activity, affecting you ability to enjoy your life. Severe asthma compensation payouts for pain and suffering: £38,000 – £58,000
Summary of asthma compensation claim amounts
On this page you have seen what industrial asthma is, how long you have to make an asthma compensation claim with examples of how much compensation you can claim for different types of asthma condition.
Specialist solicitor free online help
We offer a number of specialist solicitor free online & telephone help options – which includes having your potential asthma compensation claim assessed, asking an online question and discussing your breathing difficulties with one of our specialist solicitors.