Developing an occupational asthma condition is a serious matter, and one that could warrant making a ‘no win no fee’ claim with Asons for industrial disease compensation.
Have a free, no obligation conversation with one of our knowledgeable legal experts today on 01204 521 133 or via the online live chat. Or , you could contact Asons via our claims forms or try out the Compensation Calculator. We’ll give you a call to discuss the situation.
How is Occupational Asthma Different from standard Asthma?
Asthma occurs when the airways are inflamed, often due to an allergic reaction or an airflow obstruction. While many asthma cases are hereditary and can be diagnosed from a young age, asthma caused by the workplace will occur later in life. Asthma symptoms may develop after a few months of exposure to lung irritants, e.g. dust, fumes, vapours or gases. Industrial employees might find themselves having an unexpected asthma attack, having been previously unaware that they were even suffering with the condition.
Not all asthmas are caused by the above-named substances. In fact it’s possible to have an allergic, asthma-triggering reaction to latex gloves, an item that would be worn to protect your skin or to keep your environment sanitised. Latex gloves are worn in various industries such as the medical, dental, food service, mechanical and technical fields. Furthermore, those that manufacture the rubber gloves or vehicle tyres are exposed to high amounts of latex rubber on a frequent and daily basis. If you suddenly develop and are diagnosed with asthma after having a role in such an industry, it might be occupational asthma caused by latex. If that’s the case, contact one of our professional solicitors covering occupational disease to discover if you are eligible for a compensation claim.
At What Point in Time Should I Make a Compensation Claim for Occupational Asthma?
The time to claim begins when you first realise that lax health and safety measures led to you developing occupational asthma due to exposure to latex. Obtaining a diagnosis from your family doctor is also an important step. The claim succeeds if we are able to prove that your asthma occurred because an employer did not adequately safeguard your health and safety. While proving such a case can often require dedication and hard work, having an experienced industrial disease solicitor on your side can prove to be a great ally. This professional will gather the necessary evidence to create a case that challenges the defendant.
Under law, there is normally a three-year time limitation, after a doctor makes a diagnosis of asthma, within which to make a compensation claim. There are occasional exceptions to this time limit. Our solicitors can represent and guide you in an occupational asthma claim, beginning with a free consultation to help you decide if this is how you would like to proceed.
What Should Employers do to Prevent Occupational Asthma?
Employers are bound by law to adhere to the Control Of Substances Hazardous To Health Regulations (COSHH) which are designed to protect workers from dangerous exposure to harmful materials. Under these rules, an employer must reduce or eliminate any possibility of inhaling toxic substances such as latex particles, to the best of its ability. Employees are entitled to equipment that protects their airways, some instruction on the risks of working around latex and be able to take breaks from working with latex. There are also viable alternatives to latex gloves without the associated health risks, including synthetic latex. If there is no other choice but to work with the substance, personal protective equipment (PPE) like a respirator should be issued. If your exposure to latex has initiated or worsened the development of asthma at work, this pitches the responsibility for your asthma at the employer. Therefore, you might be entitled to claim damages for occupational asthma against an employer as they have breached the COSHH.
What Amount of Occupational Asthma Compensation Might I Receive?
The proof that can be obtained, such as co-workers’ testimonies, and the exact work environment situation will both affect what compensation might be possible in any industrial disease claim. It will be important to determine whether asthma symptoms ever existed before taking the role, any protective action an employer offered to protect you, the degree of the symptoms and the changes to your life that have been forced upon you.
All of our industrial disease claims consider the extent of pain and suffering as noted under medical examination, any loss of earnings and the emotional scars from having your health and safety needs disregarded by an employer. At Asons, we pride ourselves on being direct and honest. At the beginning of the claims procedure, your lawyer has an idea of what the ideal and possible amount of compensation might be and will be transparent with you about this. You will then be informed of any new developments as the case moves along.
Do Asons take on Occupational Asthma Claims on a No Win No Fee basis?
Absolutely. At Asons Solicitors, we eliminated any element of risk from making an industrial disease claim for our clients, increasing the general access to justice for all people, whatever their level of wealth. To be clear, ‘no win no fee’ means exactly what it says – our guarantee that you will never pay a penny in legal fees unless your case is successful. When building a legal claim with us for occupational asthma compensation, you’ll be delighted to hear that there are no upfront fees to pay, unexpected charges and no risk of having to pay the legal expenses of the defence. The first step is for an Asons solicitor to consider whether we would have a strong case for occupational asthma compensation. The vast majority of our cases are handled in this manner.
What Makes Asons the Ideal Choice for Pursuing a Latex-caused Occupational Asthma Claim?
It’s vital that you engage an experienced industrial disease solicitor if you are suffering with occupational asthma that has been caused by the inhalation of latex particles in the workplace. Asthma claims can be vigourously defended and complex. You need expert legal assistance to understand the legislation and construct a solid case with enough evidence. A solicitor will also liaise with insurance companies and organising court proceedings. Asons’ teams always handle their clients with understanding and are approachable. They are here to handle the tough tasks on your behalf. Bringing decades of knowledge and experience with them, our legal teams’ success rate is unmatched. They will look to secure the compensation that you deserve to help you deal with your occupational asthma caused by latex.