How Occupational Asthma Compensation Can Help
Our specialist industrial disease team will work hard on your behalf to secure maximum compensation for the pain and suffering your occupational asthma is causing.
We will handle your occupational asthma compensation claim from the initial free consultation to your settlement . Your lawyer will work with leading experts to help you access:
- Financial support early interim payments if you are unable to work or need to cover expenses
- Legal and financial advice on state benefits, tax, and personal injury trusts
- Specialist rehabilitation and treatment including private therapy and care
Other Types Of Industrial Illness Claims
Our personal injury solicitors also work with people looking to claim compensation after suffering other kinds of occupational illness, including chemical poisoning, asbestos-related diseases and legionnaires disease. If youve suffered from any of the above or another kind of industrial illness, we may be able to help.
Can My Employer Penalise Me For Making A Claim Against Them
All employees are legally entitled to make a claim against their employer in the event of them being injured at work through no fault of their own. This means that your employer is legally obliged to ensure that your working terms and relationship are not adversely affected by you making a claim for compensation.
If your employer makes it difficult for you to continue working for the company following a claim or if they try to dissuade you from progressing with the case, they are breaking the law, and you will be able to make a further claim against them under employment laws.
All UK employers are legally obliged to take out liability insurance, and this covers them against such claims. This means that you can rest assured that any compensation awarded will be paid by the employerâs insurance company, rather than the business directly.
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What Is The Average Payout For Occupational Asthma
The amount of compensation you are awarded will depend upon your condition. Our industrial disease experts will assess your case and will ensure you receive a fair settlement for your suffering and for any medical treatment required. If you are unable to work, as a result of your condition, this will also be taken into account.
What Is Occupational Asthma And What Causes It
Occupational asthma is a term used to describe a wide range of lung and breathing problems caused by airborne allergens and irritants in the workplace. Many of these conditions can be extremely prejudicial to your health, so taking precautions to protect workers from breathing in harmful particles or chemicals is a key part of your employer’s duty of care. Where they’ve been negligent in this duty, you may be able to claim compensation for occupational asthma.
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What Are The Long
Some cases of asthma do involve a quick recovery, but this is not always the case for work-related cases of asthma or allergic occupational asthma, which could be caused by an accident at work or your employers negligence.
In such cases, the substance that started off your condition will often cause asthma to be triggered in the future. For example, if you work in a bakery and flour dust has triggered asthma, it would be wise to stop working in such an environment to prevent further respiratory damage. This is because staying away from the trigger is the only way to stop your occupational asthma symptoms from showing themselves.
The best advice, if you can, is to stay away from your trigger at work for a minimum of 12 months. Of course, this can be devastating if it means you need to change your career, and loss of income is something you can claim for when making;claims.
Can I Claim If I Was Partly Responsible For An Accident
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame , your compensation may be reduced and it may be more difficult to prove liability.
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Benefits You Can Claim For An Occupational Disease
Workers who develop diseases have access to the same benefits as those who suffer injuries. These include compensation for:
- Medical costs This includes medication, hospitalization, doctors visits, the cost of traveling to appointments.
- Temporary disability If you need time off to recover, you typically get two-thirds of your average weekly wage prior to the injury. Paralysis and other severe injuries may result in benefits of 80 percent of your average pre-injury wages.
- Permanent impairment When your treatment is complete or you only have six weeks of temporary disability benefits left, your doctor will determine whether you have any lasting impairment. If you can do some type of work, your doctor will assign an impairment rating. This will determine how long you can get permanent impairment benefits of 75 percent of your temporary total disability rate. This will be halved if youre earning at least as much as you did before your injury.
- Permanent total disability If you cant do any type of work, you will be eligible for permanent total disability benefits at the same rate as your temporary total disability benefits. These benefits will continue until youre 75 years old. If you dont qualify for Social Security benefits, youll receive permanent total disability benefits for the rest of your life.
- Vocational rehabilitation; If you cant return to your usual job, you may be eligible for vocational counseling, training, and other help in finding a new job.
How Is My Employer Responsible
The law says that every employer has a duty of care to protect employees from suffering harm in the workplace. Where your employer failed to foresee the harm that could be caused by your occupation, or provide the necessary protective gear, they could be said to have failed in their duty of care. Read more on the health and safety regulations that your employer should be adhering to and talk to a specialist solicitor to find out if you might have a occupational asthma claim.
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Examples Of Compensation Settlement Amounts For Occupational Asthma
The examples we give relate to the pain and suffering element only of your asthma compensation claim . The examples are for claims which settle in 2020:
1. Mild asthma average payouts
Asthma which is considered only mild with symptoms lasting a few months may include bronchitis . Mild asthma can attract a compensation settlement of between: £1,000 £4,500
2. Mild asthma with longer lasting symptoms
Asthma from chemical or other irritating vapour exposure, which have mild symptoms, which persist after your exposure to chemicals has ceased. You could expect an asthma compensation claim to be calculated between: £4,500 £16,800
3. Asthma affecting working & social life
This type of asthma will have strong symptoms of bronchitis and wheezing affecting how you can go about your work and social life. Worst symptoms lasting for a number of years following initial chemical exposure. Your likely asthma compensation payout would range between: £16,800 £23,000
4. Chronic asthma compensation payouts
Asthma with persistent breathing difficulties, the need for periodic use of an inhaler, limiting your employment prospects, your ability to exercise / social life and with an uncertain diagnosis of doctors as to what the future holds for your condition. This will lead to average claim payouts calculated between: £23,000 £38,000
5. Severe & permanent disabling asthma settlement amounts
Why Should I Choose Unite Legal Services To Support With My Claim
We have a team of solicitors who specialise in industrial diseases, including occupational asthma. They will guide you through the claims process, providing support every step of the way. They will work hard to hold your employer to account and secure the maximum compensation on your behalf. Youll keep 100% of any compensation awarded.
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How Long Do You Have To Claim Compensation For Work Related Asthma
Generally speaking you have three years from the date of an injury to start your claim for compensation at court, but the three year period only starts to run from the date of injury or date of knowledge of injury.
In other words you will often have three years from when you started to display symptoms of asthma and in some cases: three years from the date you were medically diagnosed with asthma.
If you think you might have an occupational asthma compensation claim you should contact a specialist solicitor immediately to advise if you are in time to make a claim.
What Amount Of Compensation Am I Eligible To Receive For An Occupational Asthma Claim
The amount of compensation that you are eligible to receive for a work-related illness like occupational asthma depends on a number of factors related to your condition, mainly the circumstances and the treatment, rehabilitation, and support that you need.
The compensation amount largely depends on:
- The medical expenses that you have to bear
- Travel expenses related to your treatment
- Your present and future support and care needs
- Cost of your home modification that you have to do to make it compatible with your health condition, such as, installing air filters for purifying air
- Mobility aids
- The pain and suffering you have had to bear
- Loss of job and salary losses due to job absence owing to your asthmatic condition
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Industrial / Occupational Asthma Compensation Claims Solicitors
If you have developed occupational asthma and you feel it is a direct result of your working environment, contact our expert industrial disease solicitors as;you could be entitled to compensation for your condition. To speak with an expert no win, no fee solicitor about your occupational asthma compensation claim, call us on;01616 966 229.
What is occupational asthma?
Occupational asthma is caused when a person is exposed to a particular substance whilst at work. Symptoms can develop almost immediately and cause the sufferer’s airways to narrow, resulting in breathing difficulties. Regular asthma can subside over time, but in cases where a person is continuously exposed to particular substances whilst at work, this can cause occupational asthma which will potentially affect the sufferer for the rest of their lives.
Symptoms of asthma may include coughing, wheezing, difficulty breathing, tightness across the chest. Asthma sufferers may experience further difficulty if they develop a cold or flu, are exposed to cigarette smoke ;and can also face difficulty if they come in to contact with animal hair, pollen and dust.
How Much Will My Claim Be Worth
The amount of compensation that you may receive is dependent upon the individual circumstances of your case. The amount will depend on factors such as:
The severity of your further health complications. How your life has been affected by your illness. Your future care and support needs. Financial losses, including how much money you have lost or will lose as a result of your condition .
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Taking Your Occupational Asthma Claim To Court
If we do have to issue court proceedings , we will guide you through the process and ensure you understand what is happening at every stage.
In many occupational asthma cases, the claims settle before the official court hearing date. For the small minority that does not, there is nothing to worry about. We will instruct a specialist barrister to represent you at the final hearing, and your expert lawyer from Novum Law will be with you to support you on the day.
What Is The Difference Between A Cold And The Flu
The common cold is a name given to minor infections in the nose and throat. The flu is a more serious disease caused by viruses that are different from cold viruses. Flu and cold infections are both very contagious.
With the flu, it is common to have a fever, headache, body aches, and weakness. With a cold, these symptoms are much less common.
If you are not sure if you have a cold or the flu, refer to the Public Health Agency of Canada chart, IS IT A COLD OR THE FLU?.
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Causes Of Occupational Asthma
This condition is caused by the inhalationof potentially hazardous substances which include:
- Welding fumes
- Building dust
- Solvent vapours
Exposure to these is likely to resultin asthma. This condition can be treated and possibly reversed but prolongedexposure may lead to permanent lung damage.
Occupational asthma often developswithin 6 months to a year but in some cases it occurs within a few weeks.However, there have been cases where asthma has only developed after20 years of exposure.
What Is Occupational Asthma
Asthma is a chronic lung condition caused by the narrowing of the bronchial passage. Difficulty breathing is the predominant symptom of this condition. Asthma may be triggered by exposure to dust, pollen or other airborne substances just about anywhere, but when the exposure occurs in a working environment, it is called occupational asthma.
If youre not sure whether you are eligible to file an occupational asthma claim you should contact a personal injury solicitor to get expert advice on your legal rights and the best way to file a claim for compensation.
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Occupational Asthma Claims No Win No Fee Agreements
All claims are handed on a No Win No Fee basis here at Legal Expert. This means that you will only pay legal fees if the case is successful, otherwise, you will not need to pay anything. This ensures that you are protected financially while also giving everyone the platform to claim, no matter his or her current financial situation.
With this approach, you can have complete peace of mind that your case is only taken on if there is a genuine chance of it being a winning one, as well as having the reassurance that your solicitor is working hard to make certain of a successful outcome.
Can I Make Occupational Asthma Compensation Claims
If you can prove that you developed symptoms of asthma as a result of exposure to certain harmful chemicals or allergens in the workplace, you could be able to make an occupational asthma compensation claim for your suffering. This is regardless of the following factors:
- When your asthma symptoms developed
- What type of damage you suffered
To get a free consultation about your case, please speak to one of our specialist advisors toay. They can also offer you free legal advice with no obligation to work with our team if you dont want to. Our lines are open 24/7, so simply get in touch whenever youre ready.
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What Is The Next Step
If you are ready to make a claim for compensation for an asbestos-related disease, whether that be for yourself or a loved one, call us on;. Our expert asbestos lawyers will provide you with free legal advice on making a claim and guide you through the process.
Can I Qualify For Workers Compensation With Occupational Asthma
Occupational asthma is already widely recognized as an occupational disease. If you are exposed to irritants in the workplace environment that can induce asthma, or if you have been in the past you may qualify to receive workers compensation benefits. However, one of the challenges of qualifying for workers compensation with asthma is to prove that you succumbed to the disease because of workplace exposure rather than from other environmental pollutants such as second-hand smoke.
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Legal Expert How We Can Help With Work
When it comes to claims, there are a number of UK legal firms that are ready and waiting to take on your case. So, you may be wondering what makes Legal Expert the right choice for you? There are various reasons why we believe we are better than the rest. This includes the following
- Our level of experience. We have many years of experience in the industry and we shall provide you with an expert personal injury solicitor for your claim.
- We have an excellent track record. Not only do we have the years of service to back us up, but also in this time, we have successfully secured compensation for thousands of personal injury victims. This includes those that have been seeking work-related asthma compensation.
- We always put our customers first. We believe this is what truly sets us apart from the crowd. Not only is this represented by our No Win, No Fee approach, but also the fact that we genuinely care about our clients and the bad experience they have been through. We want to secure the maximum occupational asthma payouts with each and every case, ensuring you get the justice you deserve. At the same time, we want you to focus on your recovery, so we aim to be as efficient as possible.
Tips For Occupational Asthma Prevention
The NIH has the following tips for employees who want to prevent occupational asthma:
- Avoid exposure to known environmental allergens or irritants
- If you develop breathing problems, get help from a doctor right away
- Report any respiratory problems at work right away
- If you have asthma, take your medications and avoid environmental exposures that could make it worse
- Avoid tobacco smoke. If you smoke, get help to quit.
If you have been diagnosed with asthma and you believe that it is because of workplace exposure, report the illness to your employer and apply for workers compensation benefits so that you can get the medical care that you need.
You can seek representation for any disputes that may arise with your employers insurer by contacting an experienced workers compensation attorney from the law firm of Silverman, McDonald & Friedman.
Our knowledgeable Delaware workers compensation lawyers at Silverman, McDonald & Friedman are prepared to represent you with your workers compensation claim. You are welcome to give us a call at or by filling out our contact form to schedule a free consultation with an experienced workers compensation attorney in Wilmington, Newark or Seaford today.
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