If you have contracted emphysema at work, you may be able to make a ‘no win no fee’ claim for industrial disease compensation with us.
Speak to one of our experienced compensation claims advisors free of charge today on 01204 521 133 or on live chat for a consultation. Alternatively, you can fill in one of our claims forms or use our Compensation Calculator, and we’ll call you back.
What Is Emphysema?
Emphysema is a respiratory condition which makes sufferers shorter of breath. It is a progressive condition (meaning it worsens over time), and is unfortunately incurable. Sufferers often experience breathlessness, tiredness or a cough which won’t go away. As the disease progresses, specialist equipment may be needed to manage it.
Prolonged exposure to, and inhalation of, dangerous substances are the main reason for emphysema developing, making it a common industrial disease. The two most frequent causes of emphysema are environments with hazardous substances, such as dust and fumes, and smoking. Coal miners, dry cleaners, and engineers have an increased incidence rate of emphysema due to their working conditions, which may expose them to industrial pollutants like welding fumes, textile dust, coal dust, and silica dust.
When Can I Make An Emphysema Claim?
If you contract emphysema at work due to the inhalation of dust or other respiratory hazards, you can make a compensation claim. The claim relies on being able to prove that your developing the condition probably results from your employer’s negligence of health and safety best practices, which can be difficult. An experienced occupational disease solicitor can make the process easier, building an emphysema claim which will be difficult for opposing lawyers to defend against.
Generally speaking, you must be quick to act. There is usually a three-year time limit after your diagnosis of emphysema has been given in which you can make a compensation claim. However, there are exceptions. Our solicitors can provide expert occupational emphysema claim advice in a free consultation if you are unsure.
Could My Employer Have Prevented My Emphysema?
In short: yes. Your employer has a duty of care to safeguard your health whilst you are at work, with specific legislation relevant to respiratory disease prevention detailed in the Control Of Substances Harmful To Health act (COSHH). Health and safety regulations such as COSHH are designed to help employers help you. Ignoring the rules and best practices they outline does make an employer legally liable for any harm caused to their workers. Nonetheless, proving an employer’s negligence can sometimes be difficult, and claims are always well defended. Claimants will require the expertise of an experienced lawyer in finding the right evidence and building a strong case.
If hazardous airborne substances in your workplace have caused you emphysema, and you believe you weren’t supplied with the necessary protection, ventilation, or training to prevent it, you may have an industrial disease compensation claim to make, and should contact our occupational disease solicitors.
How Much Emphysema Compensation Will I Receive?
Because emphysema is an extremely serious condition – both incurable and progressive – compensation paid out must ensure the claimant has the resources to manage their new condition and way of life, as well as paying for the pain, suffering, loss of earnings, and psychological and physical damage caused. However, the exact amount of compensation paid out – not just in claims for emphysema resulting from flour exposure, but in all industrial disease claims – is dependent on the circumstances and evidence available.
Common factors which have an influence on how much you are paid depend on whether or not you showed symptoms of emphysema prior to working for your employer, the amount of the substance you have been exposed to, and the severity of your resulting symptoms. Any evidence you can provide our solicitors with, such as the testimonies of co-workers who have also been diagnosed with emphysema or other respiratory conditions, will often increase the chances of success in your industrial disease claim. They will make it easier to prove your employer was responsible.
At Asons, we pride ourselves on our transparency. When you begin the claims procedure, your occupational disease solicitor will provide you with an ideal figure and a realistic minimum estimate of your winnings. You will then be kept up to date with any changes as the case progresses.
Are Emphysema Claims No Win No Fee?
Yes. At Asons Solicitors, we wanted to take the risk out of making an occupational disease claim for all of our clients, allowing everyone an access to justice regardless of their bank situation. When claiming with us, you will find no upfront fees, unexpected costs, and no risk of paying a penny to the defending side. Before any legal proceedings are undertaken, your emphysema claim will be carefully considered by our expert industrial disease solicitors. You will be told whether your case can proceed on a no win no fee basis.