Asthma Compensation Claim

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If you would like an initial free assessment of your potential occupational asthma compensation claim, please either:

Asthma compensation claim overview

Asthma can be caused by exposure to harmful substances at work.

If you are already an asthma sufferer, then dust and fumes at work may cause chest tightening on inhalation.

If you did not previously suffer from asthma, then this is referred to as "occupational asthma".

Criteria for a personal injury claim

To make a successful asthma compensation claim, we need to prove that:

• Harmful dust or fumes, called sensitising agents, are present in the workplace, and
• Sensitisation to this particular substance has caused your asthma, on a balance of probabilities.

Sensitising agents

Occupational asthma has previously arisen from exposure to a variety of sensitising agents, including:

• Isocyanates
• Epoxy resin
• Dust from the milling, transportation or storage of flour
• Wood dusts
• Glutaraldehyde
• Dusts created in the food processing industry

Known industries and activities

Occupational asthma is known to arise within a variety of industries and activities including:

• Polyurethane foam manufacturing
• The spraying of polyurethane paints
• Paint manufacture
• The use of two-part epoxy resin paints and adhesives
• Carpenters
• Joiners
• Papermill and sawmill workers
• Hospital disinfectants

Has your work caused your occupational asthma?

We would need to prove that your asthma is work-related if it gets worse during the working week overall, although not necessarily the moment you re-enter the workplace.

Often the asthma symptoms may only occur or get worse after leaving the workplace, sometimes interrupting sleep.

Secondly, the asthma symptoms would tend to diminish when away from the workplace, although it can sometimes take several days to notice any improvement. Occupational asthma can take weeks, months or even years to develop.

Thirdly, we must prove that your condition did not have its main origin elsewhere.

Avoiding occupational asthma

Where there is a risk of occupational asthma caused by work, employers must act to protect their employees by taking steps such as:

• Sealing off any equipment producing hazardous substances
• Fitting extractor fans
• Providing a mask and/or protective clothing.

Case Study

We are currently acting for a client in Birmingham, whose job involved assembling plastic components for the motor industry.

Part of her work involved using a jet weld thermoset adhesive, containing Diphenylemethane Diisocyante.

As a result of using the above, she developed severe breathing difficulties and her employers terminated her employment on the grounds of ill-health.

A compensation claim was advanced on her behalf, as a result of which liability was admitted.

Asthma compensation claims and Industrial asthma claims