Coming into contact with dust, fumes or chemicals at work can result in a lung condition that impacts on everything - your health, your ability to work, your independence. If this has happened to you, or someone you know, Thompsons Scotland are able to help you make an industrial respiratory disease compensation claim on a no win no fee basis.
Workplace exposures to hazardous substances and processes lead to many occupational lung diseases and respiratory disorders. The Health and Safety Executive (HSE) estimated that in 2017 approximately 41,000 of those who had worked over the previous 12 months reported experiencing a breathing or lung problem which they thought had been caused or made worse by work. Out of everyone who had ever worked, an estimated 147,000 people were living with work-related breathing and lung problems.
The Labour Force Survey puts the figure at around 18,000 new cases of work-related respiratory disease each year.
Respiratory disease covers a number of different conditions, all linked to exposure to hazardous substances in the workplace. These include:
- Asbestos-related diseases
- Occupational Asthma
- Lung Cancer
- Chronic obstructive pulmonary disease (COPD), which includes emphysema and chronic bronchitis
- Silicosis
- Pneumoconiosis
Most of these conditions, occupational asthma being the exception, have a long latency period. This is the time that has elapsed between the date of exposure and the initial onset of symptoms, which can be as long as years or decades. This makes the process of making a claim far more complicated, hence the need for expert legal advice.
Causes of respiratory disease
Lung and breathing problems stem from a wide variety of workplace hazards: airborne dust, gases, chemical fumes, and particulates from industrial processes.
LFS data from 2009 to 2012 identified these as the main factors responsible for causing or worsening respiratory ill-health:
- 20%: General work environment (hot/cold/damp/wet/dry etc.)
- Almost 20%: Dust from stone, cement, brick or concrete
- 13%: Airborne substances from spray painting or manufacture of foam products
- 10%: Airborne materials from welding, soldering, or cutting/grinding metals
- 7%: Dusts from flour, grain/cereal animal feed or straw
Employers are required by law to safeguard their employees against this. The air in the workplace must be free from harmful substances. If it is not possible to do this by more efficient processes or the use of less dangerous materials then the right protective enclosures and ventilation should be used - and ultimately the correct protective gear such as masks and respirators.
How to claim industrial respiratory disease compensation
If your respiratory condition resulted from your working environment, you may be able to bring a claim for compensation. In practice:
- you speak to a solicitor who handles industrial disease claims;
- medical evidence confirming your diagnosis is gathered;
- the employer or former employer responsible for the exposure is identified;
- the claim is pursued against the employer's liability insurer.
A common concern is whether you can still claim if your old employer has closed down. This is not usually an issue. Solicitors can usually identify the insurers of past employers from the Employers' Liability Tracing Office (ELTO) even if the business has ceased trading years ago.
We deal with all respiratory disease compensation claims on a no win no fee basis. You will not pay a penny unless we win.
Time limits for respiratory disease claims
You have three years from the date of diagnosis to start a claim in relation to an industrial respiratory disease. Since most of these diseases take years to develop after the initial exposure, the period does not start from the time that you were exposed but from the date that you first knew, or should have known, that the disease was attributable to your work. If a family member has died as a result of an occupational respiratory disease, there is a period of three years from the date of death for a claim to be made.
Don't simply assume that it's too late. Contact us to discover where you stand.
Frequently asked questions
Thompsons Solicitors is Scotland's leading personal injury firm. We have a specialist Lung Disease team fighting for the rights of people who have been negligently exposed to harmful materials at work.
Call us on 0800 0891 331 to start your compensation claim - no win, no fee.
