Occupational Asthma Compensation Claim

When a claim for occupational asthma is awarded, serval things are taken into consideration. These can range from the severity of the asthma symptoms and respiratory disability, as well as whether or not there are financial losses from being unable to work.

In the United Kingdom, compensation for personal injury falls into two categories – General Damages and Special Damages.

General Damages are designed to provide compensation for your pain and suffering, loss of amenity, and other hardship you have endured. Pain and suffering include both physical and psychological symptoms, such as breathlessness, the need for medication and any sensitivity to triggers.

Under General Damages, three types of asthma will determine a victims compensation.

1. Mild Asthma – Any asthma that is considered mild will have a payout of between £1,000 to £4,000.
2. Stronger Asthma – This is asthma that has been caused by exposure to allergic chemicals. A patient may recover over time. They are compensated in the range of between £4,000 to £14,000.
3. Chronic Asthma – This is asthma that leads to wheezing, which requires a patient to use an inhaler. The average payout range from £14,000 to £50,000.

Special Damages are intended to compensate you for your actual financial losses. These can include any lost wages in the past and future, the cost of any medical rehabilitation you may need to undertake and the cost of re-training if you cannot continue to practice your profession.
Your Special Damages will be based on the amount of money you have lost because due to the exposure that caused your illness. Financial losses in occupational asthma cases can be significant, especially if you cannot work or need long-term care.

When you add up your general damages and your special damages, you get a final settlement amount. Due to variations in salaries, the loss of earnings element of an occupational asthma claim can be worth a few thousand to a few hundred thousand pounds. As a result, there is variation in settlements between occupational asthma cases, making it difficult to give an exact figure of what your claim could mean in monetary terms.

If you would like to see more examples of what people have won in the past with their occupational asthma claims, please use our Occupational Asthma Compensation Calculator as a guide.

If you have developed asthma as a result of unsafe working conditions and would like to seek legal advice, our expert panel of solicitors are on hand to give you the best advice and ensure you get the compensation you deserve. Don’t hesitate to start your occupational asthma claim today.

What Is The Occupational Asthma Diagnosis Procedure?

The diagnosis of occupational asthma is similar to diagnosing other forms of asthma. However, your doctor will also attempt to identify any workplace substances that may be causing your symptoms, and what they are.

During the process, your GP may request you to undertake an occupational asthma assessment that includes things like, a lung function test that can confirm an asthma diagnosis, as well as an allergy skin prick test. X-rays, blood tests, or other tests may be ordered by the doctor to rule out other causes of occupational asthma.

What are the four stages of asthma?

Stage 1 Asthma. Grade 1 – Intermittent Asthma – where symptoms come and go, such as wheezing and coughing, shortness of breath, etc. Symptoms may come and go around two to three times per week, and you could awake at night around two or three times per month. There is limited use of an inhaler, which although will be used daily, around two times per day is normally required when symptoms appear. A suggested inhaler to use at this stage is albuterol, which dilates the airways when used.

Stage 2 Asthma. Grade 2 – Mild Persistent Asthma – similar symptoms to intermittent asthma but they appear more frequently, although not on a daily basis. The use of a short-acting beta-agonist dilates the airways when used.

Stage 3 Asthma. Grade 3 – Moderate Persistent Asthma – Daily symptoms will appear when at stage 3 asthma and possibly waking during the night at least once per week. Short-acting medication will be needed on a daily basis. You will notice a limitation in your daily activities, and also you may suffer decreased lung functions. A low dose of steroid will need to be inhaled.

Stage 4 asthma – Grade 4 – Severe Persistent Asthma – Symptoms will occur on a daily basis, with many times multiple times daily, and regular waking during the night-time. You will notice severe limitations of your daily activities and short-acting drugs will regularly be needed. The functions of your lungs will also be severely reduced causing shortness of breath. High dosage of steroids will be needed to help control the symptoms with the occasional use of oral steroids. Allergy shots can also be provided if your asthma is the result of an allergy.

Call us today on 0800 699 0079 for more information on how Tylers Solicitors can guide you through the claims process.