If you are suffered from asthma that is a direct result form your employment and your employer has done nothing to help prevent this, you may be eligible for occupational asthma compensation. Not every case can be claimed for, but a lot can. In order to help you assess if you can make a claim, leave your details in the box to the right for a no obligation free call back from one of our friendly staff.
Occupational asthma compensation is a monetary award giving to victims of industrial illness who have suffered the onset of occupational asthma. Compensation is set up by the government tribunal and works in conjunction with the health and safety work act of 1974. This act is updated periodically, and compensation limits are adjusted yearly by the secretary of State.
Asthma in general is an irritation of the breathing passage ways within the lungs. It can be influenced by triggers that close off air passages. Occupational asthma is developed through exposure of a vector in an occupational setting. Many times, exposure to smoke, chemical, dust or other irritants are the likely mechanism of injury.
Occupational asthma, unlike other forms of the disease developing, is caused by negligence on the part of an employer. The amount of the compensation may be directly impacted by the degree of negligence. An example of negligence is when a brand new employee is sent off to do a dangerous job without being trained or evaluated by someone who understands how to do that job safely and is not given adequate safety equipment to protect them. The health and safety work act provides that employers have a duty and care to protect their employees from reasonable harm.
This means providing education, safety equipment, and making sure that employees are working safely. Occupational Asthma is preventable if a safety mindset is used in conjunction with safety protocols, policies, and protective equipment.
What are the Symptoms of Occupational Asthma?
Symptoms range from tightness in the chest area and difficulty in breathing to wheezing and shortness of breath. People have died from acute onset of asthma symptoms. Early detection and treatment have shown that asthma can be reversed. Treatment may involve identifying triggering agents and eliminating them.
People who have been exposed to agents that may cause occupational asthma should consider filing a claim. If this is a recent exposure case, then victims should be sure to seek medical help and begin treatment. Seeking the advice of a solicitor can help in both the claim process and making sure that medical benefits are available though workers insurance cover. Filing a compensation claim can be difficult because the claim must be substantiated by tying it directly to the work place activity.
Using a solicitor can greatly improve the odds of making that connection as they know what is needed to substantiate a claim. We offer a free phone consultation that will assess whether or not you are eligible to file an claim. If you would like to take advantage of this offer, please fill in the form at the top right of this page, and we will contact you.
What is a No-win-no-fee Solicitor?
Solicitors who offer a no-win-no-fee representation offer do so because they accept payment only if the case is won. Further, the victim does not pay the solicitor. The solicitor is paid by the business insurance cover and not from the compensation award of the victim. This means that what the victim wins as compensation the victim keeps. If the case is not won, then there is no charge from the solicitor. In these situations, many people who could not otherwise afford legal representation can have the opportunity to have top level legal professionals work with them.
How Much Can I Claim?
Award amounts are impossible to predict. The reason is that so many different variables are considered by the legal counsel that oversees compensation cases. The range for many industrial illness or injury claims can range from a few hundred pounds to many millions of pounds. Why such a wide breadth in award amounts? Industrial illness and accident can be measured by applying labels such as minor or sever.
Diagnosis can also be applied to measure time. Permanent or temporary are two such examples. Is this disease curable? There are all factors that go into determining compensation awards. This is a good reason why using a solicitor is important. A solicitor can validate this process by seeking professional evidence that shows the extent of an illness or an injury. Long-term medical care expenses need to be considered before the final compensation award is determined. All of these aspects need to be thought about and validated if possible. A solicitor can help do just that.
Prevention
In 1974, the government set into place a series of laws that are called the Health and Safety at Work Act. The health and safety at work act dictates the role that every employer has in preventing work place injury and illness. Occupational asthma is preventable. The very fact that it exists is evidence that the employer has failed in their care and duty to protect its employees from harm. Protection encompasses prevention through education, safety equipment, policies, procedures and evaluation.
It is the employers responsibility to teach safety. It is the employers responsibility to evaluate procedures and work process to ensure that the risk of injury or illness is at the lowest possible point. It’s the employers responsibility to provide safety equipment such as dust masks, breathing masks, and air exchange systems that keep noxious fumes at a minimum. If you suffer from the symptoms of asthma, first seek medical attention, and then seek the advice of a solicitor to weigh your legal options.