Occupational Respiratory Disease – A Guide to Claiming Compensation

If you or a loved one has been diagnosed with an occupational respiratory disease such as asthma, COPD or asbestosis, you might be entitled to claim compensation. Therefore, this guide explains when occupational respiratory disease claims might be possible and the types of conditions you could claim for. Also, we review how much compensation for respiratory diseases might be awarded and how using evidence could help you to present as strong a case as possible.

As well as using this guide, you can call our legal advisors for free advice on claiming compensation for a respiratory disorder. We provide a free initial consultation and no-obligation legal advice as part of our service. You’re free to use the information we provide as you wish but if your claim is valid, we could partner you with a solicitor from our panel. If you agree to work with each other, you’ll be represented on a No Win, No Fee basis.

To check if you have grounds to start an occupational respiratory disease compensation claim, you can:

• Phone 0333 241 2519 to speak with a legal advisor.
• Use our free online chat service.

Please carry on reading for more information or get in touch if you’d like to discuss your options with a specialist.

Types of Occupational Respiratory Diseases We Can Help With

There are a variety of occupational respiratory diseases that could lead to a compensation claim against your current or former employer. They include:

• Asbestosis: Where inhalation of asbestos fibres for prolonged periods leads to scar tissue forming in the lungs.
• Silicosis: Caused by crystalline silica dust that also causes lung scarring. Silica dust is often found in mines and when working with clay, stone and glass.
• Industrial Asthma: Where irritants in the workplace cause you to suffer asthma symptoms like shortness of breath, wheezing and persistent coughing.
• Chronic Obstructive Pulmonary Disease (COPD): COPD is a term used to cover a few different lung disorders including chronic bronchitis and emphysema.
• Mesothelioma: A type of cancer affecting the mesothelium (the tissue covering your internal organs) usually caused by asbestos exposure.

If you have been diagnosed with any type of occupational respiratory disease including those not listed here (allergic alveolitis, pneumoconiosis, lung disease etc), please call now.

Can I Claim Compensation for Occupational Respiratory Disease?

In some cases, employees need to work with substances that have the potential to make them ill. When that is the case, adjustments to working practices should be made to try and keep staff safe. This is called the employer’s duty of care. It is established by laws like:

• COSHH – The Control of Substances Hazardous To Health Regulations 2002.
• The Health and Safety at Work etc. Act 1974.
• The Personal Protective Equipment at Work Regulations 1992.

As such, one of our solicitors could offer to help you to claim compensation for an occupational respiratory disease if:

• You were owed a duty of care by your employer (this is almost always the case).
• That duty was not upheld because your employer was negligent.
• You have been diagnosed with a respiratory disease or disorder.

We’ll explore the types of evidence that you could use to prove your case shortly so please continue reading.

What Should I Do If I’ve Developed an Occupational Respiratory Disease?

If you suspect that your work environment or exposure to certain substances is causing an occupational respiratory disease, there are steps you can take to address the issue and ensure your health is protected:

• Let your employer know about your concerns in writing, explaining the symptoms you’re experiencing and when they occur.
• Make an appointment to see your GP for a proper diagnosis. This can help confirm the link to workplace conditions.
• Provide your employer with any advice or recommendations from your GP that could help reduce exposure or improve safety measures.

If your employer does not take steps to protect your health, they could be held liable if you decide to pursue an occupational respiratory disease claim.

What Evidence Can Be Used for Respiratory Disease Claims?

It is vital to prove that a) you’ve been diagnosed with a respiratory disease, b) it is work-related and c) it was caused by your employer’s negligence. The best way to do this is by providing as much evidence as possible. This could include:

• Your employment history to help narrow down where you were exposed to harmful substances.
• A personal statement that describes your working practices.
• Copies of your medical records from your GP to confirm your diagnosis.
• Witness statements from colleagues that can confirm your working conditions.
• A diary that sets out how your symptoms have affected you.
• Copies of your employer’s training records.

Some of this evidence can be quite easy to obtain but some might be more difficult especially when it relates to an employer you no longer work for. If your claim is taken on by a solicitor from our panel, part of their service may involve obtaining supporting evidence on your behalf.

How Long Do I Have to Claim Respiratory Disease Compensation?

As you might be aware, there is a 3-year time limit in the UK for all personal injury claims. This time limit is set by the Limitation Act 1980. In most other cases, the limitation period starts from the date you were injured at work.

However, in occupational respiratory disease claims, the time limit normally begins from the date the condition was a) diagnosed by a medical professional and b) linked to your employment. This is referred to as your date of knowledge.

Crucially, if a loved one has lost their mental capacity (for any reason) and cannot take legal action themselves, there is no time limit and you could seek compensation on their behalf at any point.

How Much Compensation for an Occupational Respiratory Disease?

The amount of compensation paid for a respiratory disease will depend on a) the nature of your suffering and b) any costs or expenses involved.

As such, your industrial disease solicitor will obtain medical records and reports from independent specialists to try and ascertain the extent of your suffering. They might then refer to settlement figures listed in the Judicial College Guidelines (JCG).

As well as any physical or mental suffering caused by your respiratory disorder, any compensation you receive could cover any related costs including:

• The cost of installing a stair lift or changing a living room into a bedroom to make it easier for you to cope.
• Medical costs (including prescription fees).
• A new vehicle with space for oxygen tanks and a wheelchair.
• Travel expenses.
• The cost of care and support at home.
• Lost income and future loss of earnings.

It’s very important that you consider all aspects of your suffering before you settle any occupational respiratory disorder claim. If you work with a solicitor from our panel, they’ll go through everything with you to try and ensure you’re paid the maximum amount of compensation possible.

Can I Claim Compensation Against a Previous Employer?

Many occupational respiratory disease claims are made later in life and long after the claimant was exposed to harmful substances at work. In many cases, claimants no longer work for the employer who they wish to claim against.

So long as you can pin down which employer was responsible for your suffering, one of our solicitors could help you to take legal action against them. In some cases, they could even help you to seek respiratory disease compensation from companies that are no longer operational. Please call now for more information.

Can I Claim Compensation for Someone Else?

If you wish to make an occupational respiratory disease claim for someone else, you’ll need to apply to act as their litigation friend.

This is something a solicitor can help with and, so long as you are approved, you’ll be able to manage the claims process in the normal fashion.

Please call now if would like us to help you apply as a litigation friend.

Do You Need a Solicitor for Occupational Respiratory Disease Claims?

Claiming compensation for an occupational respiratory disease can be complex and might involve a lot of historical evidence. As such, it may be wise to instruct a solicitor who specialises in industrial disease claims to manage everything on your behalf.

If you work with an industrial disease solicitor, their services may include:

• Collecting and collating evidence to support your case.
• Preparation and filing of your claim within the allowable time limits.
• Communicating with your employer or their insurers on your behalf.
• Handling negotiations and trying to counter any objections raised.
• Sending you regular updates about any progress in your case.

In all cases, your solicitor will try to ensure that you receive a fair settlement if the claim is successful.

Crucially, all respiratory disease claims accepted by our panel of solicitors are managed from beginning to end on a No Win, No Fee basis. This means that once a Conditional Fee Agreement (CFA) has been signed, the only time you’ll need to pay your solicitor for their work is if you are compensated.

If that is the case, you’ll have a percentage of your settlement deducted. This is called the solicitor’s success fee but, for your protection, the maximum percentage you’ll pay by law is 25 per cent.

To make a No Win, No Fee occupational respiratory disease claim, please call now.

Can I Claim for Someone Who Has Died Because of a Respiratory Disease?

Unfortunately, respiratory diseases are sometimes fatal. While no amount of compensation will ever make your loss any easier, you might decide to seek justice at some point down the line.

This is something we can help with so long as you begin the claims process within 3 years of your loved one’s passing.

If your claim proceeds, you could seek compensation for:

• Any pain, discomfort and suffering the deceased had to deal with before they passed away.
• Your financial dependence on the deceased’s income, pension or benefits.
• Any costs you’ve incurred because of your loss such as funeral expenses.

If you call our legal advisors, they will provide compassionate support and free legal advice about your options, regardless of what you decide to do next.

How Long Do Occupational Respiratory Disease Claims Take?

The duration of occupational respiratory disease claims can vary widely. In general, they can take anywhere from 9 months to 2 or 3 years or more, depending on the specific circumstances of the case.

The main factors that can delay the settlement of claims include:

• Your employer’s willingness to accept liability.
• Whether your prognosis is fully understood.

Once these issues are resolved, the claim can be settled, and you will receive compensation. While the process can take time, it is essential that any long-term suffering and future needs are thoroughly assessed before settling, ensuring that the compensation awarded reflects these considerations.

If your case does take a long time, you could be paid interim compensation as your claim continues to help with any immediate financial implications.

Contacting Us About an Occupational Respiratory Disease Claim

If you’d like free advice on how occupational respiratory disease claims work, please get in touch now. You can do so by:

• Calling our legal advisors on 0333 241 2519.
• Connecting to our 24/7 live chat service.

We offer a free initial consultation so you can find out your options on a no-obligation basis. Your advisor will try to answer as many questions as possible before assessing your chances of being compensated. Remember, all occupational respiratory disease compensation claims that are accepted proceed on a No Win, No Fee basis.