Asthma Compensation Claim

Asthma Compensation Claim Payout Amounts From Work-Related Exposure To Airborne Irritants

In this article we set out how much compensation you can claim for asthma of all types of severity – from mild to disabling asthma, We describe how asthma can be caused by allergic reaction to dust and chemicals and when you can claim compensation from your employer for work-related exposure.

Discover how long the law allows you to start an asthma compensation claim and how to ho about claiming compensation.

We start with a summary table of payouts for asthma, but recommend reading the whole article to see how these payout figures are calculated.

Payouts Table For Asthma Compensation Claims In 2024

SEVERITY OF ASTHMACLAIM PAYOUT
Mild Asthma£1,000 – £5,200
Mild Asthma / Symptoms Persist£5,200 – £19,200
Asthma Affecting Work & Social Life£19,200 – £26,300
Chronic Asthma£26,300 – £43,000
Severe Disabling Asthma£43,000 – £66,000

Asthma is a respiratory chronic condition affecting the airways.

Allergic reaction

It is brought on by an allergic reaction to certain chemicals, cold air and sometimes even exercise.

Chronic condition

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.

Symptoms of an asthmatic reaction

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.

Employer’s duty to protect you from airborne chemical exposure

Asthma can occur naturally or can be induced by exposure to airborne chemicals, vapours and dusts.

Chemicals may be introduced in the workplace (or other off-site work environment). Your employer is under a duty to take proper safeguards to protect your respiratory system. Examples of safeguards may include: limiting your exposure to chemicals and providing correct breathing protection apparatus.

Should you be exposed to airborne chemical at work without proper protection – your employer can be held “legally at fault” or “legally responsible” for your injuries.

Making an asthma compensation claim

In such an instance you will be able to make an “asthma compensation claim”.

Pain and suffering plus financial loss

Your claim will include money for your pain and suffering and for financial costs and expenses.

Lost income

The biggest financial loss is typically lost income.

Lost income may include both your immediate time off work, but also for future predicated times off work. You may even be able to claim should you have to retrain and change your career.

Other types of respiratory condition claims

For other examples of respiratory industrial disease caused from exposure in the workplace see our industrial disease claim article.

occupational-asthma-average-compensation-payouts
Occupational Asthma Average Compensation Payouts

Generally speaking you have three years from the date of an injury to start your claim for compensation at court. However, the three-year period only starts to run from the date of injury or date of knowledge of injury.

Display Symptoms Or Date Of Diagnosis?
You will typically have three years from when you started to display symptoms of asthma or in some cases: three years from the date you were medically diagnosed with asthma.
Which date is most appropriate will depend on your individual circumstances

Speak to a solicitor to assess

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.

Calculator for compensation settlement amounts for mild to severe asthma

The examples we give relate to the pain and suffering element only of your asthma compensation for a claim settling in 2024.

Verified By A Medical Expert
You asthma condition must be verified by an independent medical expert instructed by your solicitor.

Mild asthma average payouts

Asthma may be considered mild should symptoms last a few months, Examples of mild asthma may include bronchitis (chest cold with coughing). Mild asthma can attract a compensation settlement of between £1,000 – £5,200.

Mild asthma with longer lasting symptoms

Asthma from chemical or other irritating vapour exposure, which cause mild symptoms that persist after your exposure to chemicals has ceased. You could expect an asthma compensation claim to be calculated between £5,200 – £19,200.

Asthma affecting working & social life

Asthma may cause strong symptoms of bronchitis and wheezing – affecting how you can go about your work and social life. Stronger symptoms my last for a number of years following initial chemical exposure. This level asthma will likely give an asthma compensation payout of between: £19,200 – £26,300.

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 medical diagnosis as to what the future holds for your condition. This level of asthma will lead to average claim payouts calculated between £26,300 – £43,000.

Severe & permanent disabling asthma settlement amounts

The more severe types of asthma result in significant prolonged symptoms of coughing, sleep disturbance, significant restriction on your ability to work and partake in physical activity, affecting you ability to enjoy your life. Severe asthma compensation payouts for pain and suffering will likely be between £43,000 – £66,000.

Summary

In this article you have discovered what asthma is and how it can be caused at work together with calculations and examples of payout amounts you can expect for mild to sever asthma .

Specialist solicitor free help

We offer a number of specialist solicitor free online & telephone help options. You can choose from having your potential asthma compensation claim assessed, asking an online question and discussing your breathing difficulties with one of our specialist solicitors directly.