Occupational Asthma Claim in the UK

Introduction:

Occupational asthma, a debilitating lung condition triggered by workplace exposure to irritants and allergens, can significantly impact your life. If your asthma developed or worsened due to your work environment, you might be entitled to compensation through an occupational asthma claim. This guide sheds light on the legalities involved in such claims in the UK, empowering you to understand your rights and the path to financial security.

When Can You Make an Occupational Asthma Claim?

You can make an occupational asthma claim in the UK if you can establish the following:

• Workplace Exposure: You were exposed to substances known to trigger asthma at work. These irritants and allergens can include:
• Dusts: Wood dust, flour dust, isocyanides (in paints and adhesives), soldering fumes, laboratory animal dander
• Chemicals: Cleaning products, bleaches, formaldehyde (in some glues and resins), latex
• Asthma Diagnosis: You have a confirmed diagnosis of asthma by a doctor or lung specialist. Diagnosis typically involves medical history review, symptom assessment, spirometry (lung function testing), and allergy testing (in some cases).
• Work-related Link: Your asthma symptoms worsen during work hours and improve on days off or during vacation periods. This pattern helps establish a connection between your workplace exposure and your asthma.

Time Limit of Occupational Asthma Claim

The general time limit for making an occupational asthma claim in the UK is three years from the date you either:

• Became aware of your illness: This could be when you receive a diagnosis of asthma or experience significant difficulty breathing that impacts your daily life.
• Should have become aware of your illness: A reasonable person in your situation would have discovered the illness and its connection to workplace exposure.

How to Make an Occupational Asthma Claim

Here's a step-by-step guide on how to make an occupational asthma claim in the UK:

• Seek Medical Attention: Schedule an appointment with your doctor to discuss your symptoms and get a diagnosis of asthma.
• Gather Evidence: Collect any documents related to your employment history, details of your work environment and potential triggers (e.g., Material Safety Data Sheets (MSDS) for workplace materials), previous complaints you might have raised about dust or fume control measures, and medical records documenting your asthma diagnosis, treatment history, and any mention of a possible work-related link.
• Seek Legal Advice: Consult a solicitor specializing in occupational disease claims. They will assess your case, advise on the claim's viability, and guide you through the legal process.
• Medical Records Request: Your solicitor will request your medical records from your doctor to document the asthma diagnosis and its potential work-related link.
• Occupational History Report: Depending on the complexity of the case, they might advise obtaining a report from an occupational health specialist to assess the link between your work environment and your asthma.
• Letter of Claim: If your solicitor believes you have a strong case, they will send a letter of claim to your former employer's insurance company detailing your asthma, its connection to workplace exposure, and the compensation you are seeking.

How it Works in the UK: Employer's Duty of Care and Workplace Safety

Employers have a legal duty under the Health and Safety at Work Act 1974 to provide a safe work environment for their employees. This includes protecting them from exposure to irritants and allergens known to trigger asthma.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) outlines specific employer duties regarding these hazards:

• Risk Assessment: Employers must assess the risks associated with exposure to substances known to trigger asthma in their workplace. This involves identifying workers potentially exposed and implementing control measures to minimize inhalation risks.
• Control Measures: These can include:
• Substitution: Using safer alternative materials whenever possible.
• Engineering Controls: Implementing ventilation systems to remove dusts and fumes from the workplace air.
• Administrative Controls: Limiting exposure time, establishing work practices to minimize dust generation, and providing clear signage warning of potential asthma triggers.
• Respiratory Protective Equipment (RPE): If engineering controls are insufficient, employers must provide appropriate RPE (like respirators with proper fit testing) to protect workers from inhaling asthma triggers.
• Training and Information: Employees must be adequately trained on the dangers of inhaling these substances, safe work practices to minimize exposure, and the importance of using RPE correctly

Occupational Asthma Claim Process Explained:

The occupational asthma claim process can take several months, or even years, but understanding the stages helps you stay informed:

• Pre-action stage: This involves gathering evidence (medical records, employment records), consulting a solicitor, sending a letter of claim, and negotiating a settlement with the insurance company.
• Investigation: The insurance company will investigate the claim, potentially requesting further details from your former employer and reviewing your evidence. This might involve obtaining medical reports from independent respiratory specialists.
• Expert Opinions: In some cases, your solicitor might recommend obtaining independent medical expert opinions to assess the severity of your asthma and its causal link to your workplace exposure.
• Settlement Offer: The insurance company may offer a settlement after their investigation.
• Negotiation: Your solicitor will negotiate on your behalf to ensure the settlement offered reflects the severity of your asthma, its impact on your breathing and overall health, and potential future care needs.
• Court Proceedings: If negotiations fail to reach a satisfactory settlement, the case may progress to court. Your solicitor will represent you, presenting evidence and arguments to prove your work environment caused your asthma and the employer's negligence.

The Importance of Legal Representation in Occupational Asthma Claim

Occupational asthma claims can involve complex medical issues and legal arguments. Having a solicitor specializing in occupational disease claims on your side is crucial for maximizing your compensation. Here's why:

• Understanding Medical Complexity: These solicitors understand occupational asthma and can effectively communicate the link between your workplace exposure and your illness to medical experts and the court.
• Gathering Compelling Evidence: They can help gather and present evidence effectively, including medical records, work history details, expert opinions, witness testimonies (if colleagues experienced similar breathing problems), MSDS for workplace materials potentially triggering asthma, and evidence of inadequate safety measures at your workplace to establish the cause of your asthma and the employer's negligence.
• Negotiation Skills: Solicitors are skilled negotiators who can advocate for the maximum compensation you deserve during discussions with the insurance company.
• Court Representation: If your case goes to court, your solicitor will represent you effectively, presenting evidence and arguments to prove your claim and the impact of the asthma on your life.

Advantages of Making an Occupational Asthma Claim

Making a successful occupational asthma claim offers several advantages:

• Financial Security: You receive compensation that can help cover medical expenses, loss of earnings, and the cost of medication and inhalers needed throughout your life. This financial security can ease the burden on you and your family during a challenging time.
• Holding Employers Accountable: A successful claim can hold employers accountable for failing to protect their workers from exposure to asthma triggers. This can encourage stricter adherence to safety regulations in relevant industries and prevent future cases of occupational asthma.
• Benefits Entitlement: While compensation is separate, an occupational asthma diagnosis might entitle you to claim benefits like Personal Independence Payment (PIP) to help with extra living costs due to your disability. Your solicitor can advise you on navigating the benefits system.
• Improved Work Environment: By holding employers accountable, your claim can indirectly contribute to improved workplace safety measures, potentially benefiting current and future employees by minimizing exposure risks.

Conclusion:

Occupational asthma can significantly impact your life, but you don't have to suffer in silence. Making a claim can help you secure the financial resources needed to manage your condition while potentially improving workplace safety standards for others. Consulting a solicitor specializing in occupational disease claims is crucial for maximizing your chances of a successful outcome.

Disclaimer:

This article provides general information and does not constitute legal advice. It's recommended to consult a qualified solicitor for personalized legal guidance on your specific occupational asthma claim situation.

FAQs:

1. I've changed jobs since developing asthma. Can I still claim?

Yes. As long as your asthma developed or worsened due to exposure at a previous workplace, you can still make a claim against that employer, even if you no longer work there.

2. What if I don't remember the exact substances I was exposed to at work?

Your doctor and solicitor can help investigate your work history and potential triggers based on your job description and industry standards. Material Safety Data Sheets (MSDS) for workplace materials can also provide clues.

3. How much compensation can I expect from an occupational asthma claim?

Compensation amounts vary depending on the severity of your asthma, the impact on your breathing ability and ability to work, and potential future care needs. A solicitor can estimate a potential compensation range based on the specifics of your case.

Remember: Early action is crucial. The sooner you seek medical attention and legal advice, the easier it is to gather evidence and build a strong case for your occupational asthma claim. By taking these steps, you can secure the financial support you deserve while managing your respiratory health.