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Occupational Asthma
Compensation Claims

Occupational Asthma
Compensation Claims

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  • No Win No Fee

ASTHMA COMPENSATION CLAIMS

If you have been diagnosed with Occupational Asthma within the last 3 years and it is associated with your past or present employment then contact LPS today.

LPS has dedicated Industrial Disease solicitors that have helped thousands of people successfully claim occupational asthma compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee claims process.

What is Occupational Asthma?

Occupational asthma is a condition caused by exposure to chemicals or other harmful substances in the workplace, and affects a person’s breathing. People who suffer from occupational asthma tend to notice their breathing gets worse as the working week progresses, or after a long day’s work.

Symptoms include frequent coughing, wheezing or shortness of breath. Sufferers might also notice that their symptoms improve after taking time away from work, which is a key sign that their asthma is caused by the dust, gas or fumes they come into contact with at work.

What can cause occupational asthma?

You have worked in the following industries in the last 30 years:

  • Plastics / rubber products manufacturing
  • Spray painting
  • Welding
  • Carpentry
  • Work with animals
  • Work with chemicals
  • Any work with wood dust, flour or grain
  • Any of these can lead to shortness of breath, wheezing, tightness or painful coughing.

Time limits on claiming for Respiratory Diseases

The time limit for claiming for respiratory diseases is either three years from the condition being diagnosed by a medical professional or three years from the death of the victim.

Who can I bring a Respiratory claim against?

It is possible to bring a claim for compensation against employers or their insurance company for respiratory diseases, even where employment has ended or the employer is no longer in existence. We are often able to trace the relevant employer’s liability insurer and pursue them directly.

What to do now?

We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.

Respiratory Compensation Claims

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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.

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