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Fibrosing Lung Disease
Compensation Claims

Fibrosing Lung Disease
Compensation Claims

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FIBRROSING LUNG DISEASE COMPENSATION CLAIMS

What is lung fibrosis?

Fibrosing lung disease or lung fibrosis encompasses a large number of different clinical syndromes. These syndromes are all accompanied by a change in the delicate structure of the lung and disorders of gas exchange. They are diseases of the connective tissue of the lung (interstitium or parenchyma), from which the terms “interstitial lung disease” (ILD) or “diffuse parenchymal lung disease” are derived.

Some of these lung diseases start with a persistent inflammatory reaction which takes place in the air sacs (alveoli). In other forms, it is not so much the inflammatory reaction that is the prominent feature but, as we now believe, more the damage to the lining cells (epithelium) of the alveoli. Both processes subsequently result in increased formation of connective tissue and thus in fibrosis. This scar tissue forms both in the alveoli and between them, and in some forms around the airways (bronchi). Eventually there is also extensive loss of normally formed alveoli.

These processes make the lung stiffer with the result that more force needs to be used to stretch the lung and thus breathing becomes more strenuous (decrease in the elasticity or compliance of the lung). With the increase in the amount of connective tissue, the so-called diffusion distance increases. This is the distance that oxygen must cover when passing from the air side of the alveolus to the blood vessels (capillaries). As a result of this increase in the diffusion distance – as well as the loss of normally formed alveoli and thus the surface area for gas exchange overall – the uptake of oxygen into the bloodstream is made more difficult, giving rise to a decrease in exercise capacity.

How does lung fibrosis occur?

We are able to identify more than 100 different forms of lung fibrosis. In general, they can be divided into forms with a known cause and those with an unknown cause. As mentioned above, there are more than a hundred causes of the development of interstitial lung disease but those attributed to occupational reasons are as follow:

Lung fibrosis caused by inhaled dust particles

  • inorganic dusts (asbestosis, silicosis [coal worker’s pneumoconiosis], talc pneumonia,)
  • organic dusts (extrinsic allergic alveolitis)

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    FIBRROSING LUNG DISEASE COMPENSATION CLAIMS

    What symptoms occur?

    The most common symptoms of lung fibrosis are breathlessness on exertion (exertional dyspnoea) and cough. The body’s exercise capacity decreases usually gradually and is thus often explained by affected individuals as normal limitations due to ageing. A reduction in the limit of performance during sporting activities is the most likely feature. In everyday life, the first problems usually occur when climbing stairs. If the disease progresses, the breathlessness may even occur at rest (dyspnoea at rest). The oxygen deficiency may also be seen as a dark blue colour (cyanosis) of the lips and fingers. Some patients may develop so-called finger clubbing (swollen ends of fingers) or watch-glass nails (swelling of the finger nails that resembles an hourglass).

    A dry cough, a so-called non-productive cough, may be more marked on exercise, in the morning after getting up or during cold weather and is not easily tractable. In some patients, the cough is accompanied by clear to whitish sputum.

    Patients with a Fibrosing lung disease tend to have frequent infections of the airways and lung. Infection often results in the disease being diagnosed for the first time.

    A rather rare symptom of the disease is the so-called door-stop phenomenon. In this, the patient notices that inspiration stops suddenly in a specific position, which the patient is then able to overcome again after a few breaths.

    Furthermore, flu-like symptoms such as fatigue, mild fever, weight loss and muscle and joint pain may occur. The symptoms develop gradually over weeks and months and this distinguishes them from the similar symptoms of a cold.

    If the lung fibrosis occurs as part of a systemic connective tissue disease (e.g. collagen vascular disease), other complaints and symptoms in other parts of the body and organs can be found, such as blue discolouration of the fingers (so-called Raynaud’s syndrome), dry eyes (sicca symptoms) or difficulties swallowing.

    In specific syndromes, there may be an increase in symptoms due to environmental factors, such as in extrinsic allergic alveolitis. This disease is due to sensitisation of the body to certain organic substances (allergens). In this context, antibodies to these substances are formed. Frequent triggers are feathers of pigeons and canaries, fungal spores and certain bacteria. On contact with, or inhalation of, these substances, there is then an increase in symptoms. These symptoms (including watering of the eyes, fever, and increased breathlessness) typically occur after a slight delay of about 4 to 8 hours after exposure.


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      Frequently Asked Questions (FAQs)

      What is an industrial disease or injury?
      Industrial diseases and injuries result from exposure to occupational hazards in the workplace over a period of time.

      These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.

      Examples of industrial diseases and injuries include the following:

      • Asbestos-related diseases such as mesothelioma or asbestosis
      • Occupational Asthma
      • Pneumoconiosis
      • Silicosis
      • Chronic obstructive pulmonary disease (COPD)
      • Dermatitis
      • Hand Arm Vibration Syndrome
      • Vibration White Finger
      • Carpal Tunnel Syndrome
      • Dupuytren's Contracture
      • Work-related Tendonitis
      • Epicondylitis (Golfer's and Tennis Elbow)
      • Carpet Fitter's or Housemaid's Knee
      Who will pay the compensation?

      It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.

      Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.

      My employer has gone out of business, can I still claim?
      Yes, this is because the claim is made against the employer's insurers rather than the employer itself.
      Will my case go to court?
      Although it is possible that your case will go to the court, only a fraction of cases ever reach this stage. Instead, it is likely that it will be in the interests of all parties concerned to settle without courtroom litigation – in fact, the courts encourage such an approach.
      How much will it cost to fund my claim?
      There are various funding options available to LPS' clients. However, it is worth bearing in mind that we offer No Win No Fee funding. This means that you make no outlays whatsoever unless you win your case – without exceptions. If your claim is successful then a portion of your compensation is set aside to cover court costs and related fees. We will always discuss this with you at the outset of your claim, so that there are no unwelcome surprises should you receive a damages award.
      What are the time limits for industrial disease claims?
      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Can I still claim state benefits?
      In many cases you can still claim state benefits even while being the recipient of industrial disease compensation. For example, those with asbestos illnesses still receive payments under the Pneumoconiosis Workers Compensation Scheme. Furthermore, a good personal injury lawyer can help you establish a personal injury trust so that you can manage your finances in the way that is most advantageous to you.
      If a family member has died as a result of an industrial disease, can we make a claim?

      It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.

      However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.

      What are the time limits for industrial disease claims?

      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Get in Touch today and let us know how we can help you 08009961807