I’ve been having trouble breathing recently so I went to my doctor and he has diagnosed me with occupational asthma. Will I be entitled to make a compensation claim for contracting occupational asthma at work?
If you can demonstrate beyond reasonable doubt that your employer is to blame for your condition you may be eligible to claim for contracting occupational asthma at work. Asthma could be brought on by overexposure to substances such as dust from flour or grain, wood dust, dust from latex rubber and dust from insects or animals. It could also be due to chemicals called isocyanates, these are the most common cause of occupational asthma in the UK. Jobs where you are generally exposed to these chemicals would include spray painting, foam-oulding using adhesives and making foundry cores and surface coatings.
Once your illness has been diagnosed, it is advised that you contact a personal injury claims solicitor if you intend to claim for contacting occupational asthma at work. They will ensure you receive the maximum amount of compensation you are entitled to. This condition could have a significant impact on your lifestyle and your future health, not to mention the costs of on-going treatment. Therefore it is important that you are not under-compensated for your illness as you should not be made to suffer financially for contracting occupational asthma when your employer is to blame.
If you intend to claim for contracting occupational asthma at work it is recommended that you speak with your fellow employees and investigate if any of them have suffered the same illness. If a number of employees are suffering from the same condition it would suggest that you have been exposed to an irritant in the workplace and your employer has not done enough to reduce the risk of illness to their staff.
Employers are obliged to provide staff with safe working conditions and safety equipment and if they fail to do so you may be eligible to claim compensation. If you are working with substances that could potentially cause occupational asthma your employers must ensure the workplace is well ventilated.
It is also important that you make a record of your diagnosis of asthma in your employer’s ‘Accident Report Book’. Once you make this entry, the employer’s insurers may be notified about your condition as it could be stipulated in the terms and conditions of their agreement with the policyholder. As occupational asthma can have a long-term effect on your health you need to be wary of a direct offer of compensation from the insurance company, any such offers should be referred to you solicitor who can advise on what course of action you should take, your solicitor will ensure you are not undercompensated in your claim for contracting occupational asthma at work.