If you're suffering from occupational asthma, you may be eligible for compensation
If you have been diagnosed with asthma, it can have a major impact on all aspects of your life. It can stop you doing the things you enjoy and could even affect your ability to work. If that's the case, you could find yourself in a difficult financial situation, and if your condition is severe, your loved ones may need to alter their lives in order to look after you.
We understand how tough it can be to cope with asthma. If yours has been brought on by exposure to materials you have to work with, you could be eligible to seek an occupational asthma settlement.
Your employer has a legal responsibility to protect your health and wellbeing. If they've failed in that duty of care and you've had a confirmed diagnosis, we can help you get started with making an occupational asthma claim. You can talk to one of our friendly personal injury advisors on or you can arrange a call back and book a time to talk that best suits you.
We can help you
Our personal injury advisors are here to help you decide if you have grounds to make a no win no fee occupational asthma claim. If you do have a case, we will put you in touch with our expert panel of solicitors. They'll listen to your story so that they can understand exactly how your condition has impacted your life.
For impartial advice about your occupational asthma compensation claim, just give us a ring on . Your call will be free, confidential and there will be absolutely no pressure on you to make a claim if you don't want to. We're simply here to listen to your story and help identify if you are entitled to make a claim.
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What is occupational asthma?
What is occupational asthma?
Asthma is a common lung condition that is thought to be diagnosed in more than eight million people in the UK. It can cause breathing difficulties and occupational asthma refers to when the condition is brought on by exposure to certain substances at work.
What are the symptoms of occupational asthma?
What are the symptoms of occupational asthma?
Some common symptoms of occupational asthma are:
- Breathlessness
- Wheezing
- Coughing
- Tightness in the chest
What are the causes of occupational asthma?
What are the causes of occupational asthma?
There are many materials which can contribute to the condition. Some of the more common types include flour or grain dust, latex, animal hair, wood dust and spray paint fumes. For more information, you can check out the Health and Safety Executive's (HSE) extensive list of substances that can cause occupational asthma.
The scale of occupational asthma
Recent data released by the HSE reveals there were 174 new cases of occupational asthma reported by doctors within The Health and Occupation Reporting network in Great Britain in 2019. Trends are showing the rate of new cases to be increasing, while it's widely believed that the figures underestimate how many cases there really are.
Am I eligible to seek an occupational asthma settlement?
Am I eligible to seek an occupational asthma settlement?
If you've been diagnosed with asthma as a result of your workplace conditions, you could be entitled to make a claim. Your employer has a duty to look after your wellbeing - for example, by providing protective equipment such as masks that can limit the damage of any harmful substances.
If you think they have not met that responsibility, you could be entitled to make an occupational asthma claim. You may also be eligible to claim for Industrial Injuries Disablement Benefits.
What is the time limit for making a claim?
What is the time limit for making a claim?
In most cases, you will need to start your occupational asthma compensation claim within three years of finding out that your condition has been caused or made worse by your work. However there may be some exceptions to the time limit, like:
- If you started work at 16 and noticed work-related symptoms while still under 18, then a family member or responsible adult can make the claim on your behalf. Alternatively you'll have three years from your 18th to your 21st birthday to make it
- There's no upper time limit if you're claiming for someone who, for whatever reason, lacks the mental ability to make a dental negligence claim themselves
Why should I seek an occupational asthma settlement?
Why should I seek an occupational asthma settlement?
Suffering from occupational asthma can have a huge effect on your quality of life. It can prevent you from doing the things you love, as well as impact your ability to work and earn a living. This in turn can leave you struggling financially.
We don't think it's right that you should have to suffer due to someone else's failure to meet their responsibilities. Receiving an occupational asthma settlement could help you to cover any loss of earnings as well as pay for any treatment you may have had or need in the future.
Not only that, but making a claim could help to raise awareness. If lessons are learned, the same mistakes could be avoided in future and you might save someone else from having to go through a similar experience.
Asthma can be a very common lung condition for some. However, developing asthma as a result of your workplace conditions is wrong, and you could make a claim.
When you speak to us, we will be able to listen to your experience and should you decide to do so, help you start your journey to compensation.
Zeb Darroch
Personal Injury Advisor, National Accident HelplineMaking a no win no fee occupational asthma claim
We deal with most claims on a no win no fee basis. It is also known as a Conditional Fee Agreement (CFA) which acts as a contract between you and your occupational asthma solicitor.
It's a risk-free way to claim for compensation because as long as you have insurance and stick to the terms of your CFA, you won't have to pay any of the legal costs if your case is unsuccessful. And don't worry, your solicitor will take care of setting up that policy before you begin.
If you win your claim, your solicitor will take a pre-agreed percentage of your settlement figure as their payment. If you lose, there won't be anything for you to pay.
In the unlikely event that you cannot pursue your occupational asthma claim on a no win no fee basis, we will make that clear to you beforehand. It will then be up to you to decide if you wish to proceed or not.
How much compensation do you get for occupational asthma?
How much compensation do you get for occupational asthma?
It's extremely difficult to define the average settlement for occupational asthma, because each case is unique. The amount you receive is likely to depend on a number of things, such as the severity of your condition and the impact it has had on your physical, mental and financial wellbeing.
The Judicial College, which is overseen by the Ministry of Justice, regularly updates its guidelines based on previous data. Usually, our panel of occupational asthma solicitors use the 15th edition of the Judicial College Guidelines when working out how much you could receive. Below is a table of asthma types with the average compensation amounts to give you a rough estimate as to what you could receive from your occupational asthma claim.
| Severity of injury | Compensation amount |
| Mild asthma, bronchitis, colds, and chest problems usually resolved within a few months | Up to £4,830 |
| Relatively mild asthma-like symptoms often resulting, for instance, from exposure to harmful irritating vapour | £9,080 to £16,380 |
| Bronchitis and wheezing, affecting working or social life, with the likelihood of substantial recovery within a few years of the exposure to the cause | £18,020 to £24,680 |
| Chronic asthma causing breathing difficulties, the need to use an inhaler from time to time, and restriction of employment prospects, with uncertain prognosis | £24,680 to £40,370 |
| Severe and permanent disabling asthma, causing prolonged and regular coughing, disturbance of sleep, severe impairment of physical activity and enjoyment of life, and where employment prospects, if any, are grossly restricted. | £40,410 to £61,710 |
Once they've heard your story and gathered all the details, your solicitor will be able to offer a more accurate estimation. However, it's worth remembering that the final decision on any occupational asthma payout will be made by the court overseeing your case.
James Osbourne, 38, received £2,500 after a factory injury
Now there are lots of signs everywhere. My accident claim helped others and it makes me feel a lot better
Is my claim likely to go to court?
Is my claim likely to go to court?
Most occupational asthma claims are settled without going to court. If your employer accepts responsibility, for example, then it should be resolved relatively quickly. However, if your case does go to court, rest assured your solicitor will take care of all the legal proceedings.
Frequently asked questions...
Yes. If a workplace in which you are expected to work for any length of time is unsafe or if you weren't given the proper training before starting the job and you suffer a personal injury as a result, you may have a case for compensation. Find out more about your rights for claiming as a self-employed worker here.
The time it takes to reach a settlement in a successful personal injury claim can vary significantly. It depends on how complex your case is, the type, severity and circumstances of your injuries, plus the time it takes to gather all the necessary medical evidence.
An injury claim duration is also affected by things like whether or not you know the identity of the other side and if the other side admits liability - or challenges it in court. A clear-cut road traffic accident claim may be settled in just weeks whereas a complicated medical negligence case may take up to three years or more.
As a rule of thumb, an uninsured driver claim takes three or four months. Other road and work accident claims may take four to nine months, trips and slips six to nine months, industrial disease claims between one year to 18 months and clinical negligence one to three years plus.
If your solicitor is able to settle your claim successfully by negotiating with the other side's insurers, then they will deduct a 'success' fee from the compensation you're paid.
This fee is capped by law. (A negotiated settlement without the need for a Court Hearing happens in the vast majority of successful claims).
If your case is successful, the other side's insurers will also pay your solicitor's costs. If your case fails, then you pay nothing, and your solicitor receives nothing.
How does the claims process work?
How does the claims process work?
We know that making an occupational asthma claim might feel like an extra layer of stress on top of what is already a very difficult situation. But rest assured we're simply here to listen to you, and there will be absolutely no pressure for you to start a claim if you don't want to. If you do decide to go ahead, the process will usually follow these steps:
- When you're ready to discuss your case, get in touch with us. We'll give you the time to tell your story before offering free, impartial guidance on whether you have a claim.
- If you decide to proceed, we'll put you in touch with our panel of expert occupational asthma solicitors. They have years of experience in handling cases just like yours.
- To strengthen your claim, your solicitor may ask you to provide evidence, such as medical records.
- They will then submit your claim to the courts for assessment.
- If you win your case, you should receive your occupational asthma settlement shortly afterwards and your solicitor will take a pre-agreed percentage as their payment. If you lose but have claimed on a no win no fee basis, there'll be nothing for you to pay.
If you think you're ready to talk about your occupational asthma claim, we're ready to hear from you. All you have to do is fill out the form below with a few basic details and we'll call you back at no charge, or you can call us now on .