We are personal injury solicitors specialising in claiming compensation for clients with work related asthma. Catherine Smith has experience with asthma claims and introduces our no win no fee service in this video.
Read more about asthma at work below, or use our free legal advice service opposite to ask us; can I claim compensation for occupational asthma?
Claiming Compensation For Asthma
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Asthma is a common breathing disorder, involving a narrowing of the tubes that carry air in and out of the lungs, and effecting roughly 4 million people across the UK. The two types of asthma related to the workplace are generally described as either 'occupational asthma', where the asthma is contracted in the workplace, or 'work related asthma', where a worker already suffers from asthma, but the condition is worsened by the working environment. The Health and Safety Executive estimates that each year 7000 people develop asthma as a result of their working conditions. This is generally acknowledged to be a considerable understatement, and research suggests that up to 15% of asthma cases are related to working conditions.
Typical Causes Of Work Related Asthma
Occupational asthma is an inflammatory lung disease that develops as a result of regular exposure to airborne irritants (normally dusts, vapour, gases and fumes) in the workplace. These substances are known as 'respiratory sensitisers' or asthmagens. There are over 200 known respiratory sensitisers currently, with more being discovered every year. These respiratory sensitisers cause an allergic reaction, and the breathing passages enter a 'hypersensitive' or 'sensitised' state, causing swelling, contraction, congestion or spasms in the windpipe. The body's immune system releases histamine to combat the invasive substance, which further provokes the condition.
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Symptoms Of Work Related Asthma
Sufferers from occupational and work related asthma will experience breathing difficulties as the airways to the lungs narrow. Symptoms will initially include shortness of breath, hoarseness, wheezing, tightness and a painful hacking cough. Further exposure to these irritants, in or out of the workplace, and even at low levels could bring on an asthma attack, while prolonged exposure to these substances in the workplace can result in chronic asthma, where the asthma is likely to worsen even after exposure to the irritant has ceased.
Who Is Affected By Work Related Asthma?
Common substances that can cause or worsen cases of occupational and work related asthma include biological agents (wood dust, flour, grain, animal dust and mites), chemicals, adhesives, welding fumes and disinfectants. Occupational asthma effects a wide variety of professions and industries, including healthcare, pharmaceuticals, plastics and rubber manufacture, welding catering, carpentry and any form of work with animals. You could be exposed to occupational or work related asthma as easily by baking a loaf of bread in a kitchen as by spraying down a car in a garage. The severity of the condition should not be underestimated, it can force people to give up their jobs and severely limit the number of physical tasks they can undertake.
Employers Must Take Steps To Prevent Workers Developing Asthma
It is an employer's responsibility to prevent and control the risks of exposure to fumes, dust and impurities in the workplace that could cause work related asthma. The employer is required to carry out a risk assessment to detect whether any respiratory sensitisers are present. The employer must ensure that non-smokers are protected from tobacco smoke throughout the workplace including in rest areas, and this duty extends to all employees. Your employers duties are governed by a number of workplace regulations and in particular:
The Control of Substances Hazardous to Health Regulations 1988
The Workplace (Health, Safety and Welfare) Regulations 1992
Asthma Claims And Compensation Awards
Bartletts Solicitors have been protecting and supporting clients for 150 years and enjoy a reputation nationwide for trusted legal advice. We are specialists in work related asthma compensation claims having successfully represented employees who have developed the condition across a range of industries. Call us today on 0800 158 2454 for a free consultation regarding your case or to begin a claim. You can also contact us for free legal advice via our new Live Chat function.
- Nurse Developed Asthma From Exposure To Latex
Ms F worked in a care home dealing with elderly patients. After developing a persistent rash on her forearms, and experiencing shortness of breath while working, she saw her GP, who diagnosed her with a Type 1 latex allergy. - School Chef Developed Asthma From Baking Bread
Mr Fernandez worked as a cook in a school, where he baked loaves of bread daily. The kitchen at the school was small and lacked adequate ventilation. After 2 years working at the school, Mr Fernandez began to experience breathing difficulties. - Solderer Developed Asthma From Solder Flux Fumes
Mr Richard was employed as a solderer at a company that manufactured electrical appliances and assembled circuit boards. Despite Mr Richards working full-time, soldering by hand, the fume extraction system was not serviced regularly. - Inhaling Spray Paint Mist Caused Asthma
Mr Jack worked at a motor vehicle repair shop, where had been employed for two years. One of Mr Jack’s main duties was spray painting vehicles, typically using isocyanate paints, containing hexamethylene diisocynate. - Joiner Developed Asthma From Wood Dust Exposure
Mr Mackay worked as a skilled joiner at an independent furniture manufacturer with a number of workshops in Northern England. His role involved cutting and fitting joints into wooden pieces of furniture for up to 10 hours a day.
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