If you have respiratory breathing problems caused by your employment, then you may be entitled to compensation.
Asthma is an inflammatory disease of the lungs characterised by reversible airway obstruction. From a legal perspective, there are two types of asthma – irritant (non-allergic) and allergic.
Irritants such as acids can cause wheezing and shortness of breath in anyone who inhales them. A severe form of irritant induced asthma is called restrictive airways disease syndrome. This is frequently referred to as RADS.
If you were exposed to harmful conditions or substances on one occasion only, then you may be diagnosed with RADS.
Allergic asthma may be diagnosed as a result of inhaling material which sensitises the worker’s airways. This means that exposure to the same substance at a later date brings on symptoms which may include a cough and wheezing. Full blown asthma often develops.
The symptoms may include coughing, wheezing, shortness of breath and tightness in the chest, all of which may affect your ability to exercise. These symptoms may impact on your ability to carry out physical exercise, not only sporting activity, but also day to day activities including your ability to walk to the local shop or climb stairs at home.
There are a number of substances known to cause asthma and these include exposure to paints, glues, welding fumes and dust.
Asthma claims can involve complex investigations, including the need for expert medical and engineering evidence. At Poole Alcock our personal injury team have extensive experience of both personal injury and industrial disease claims. If you have respiratory symptoms and may have developed asthma as a result of your employment, then you may be entitled to compensation. Your employer may have failed to appropriately assess the risk of exposure to substances which may cause asthma. It may be the case that the appropriate extraction equipment and/or masks and respiratory equipment have not been provided.
If you would like advice about how to make a claim and what is involved, then please do not hesitate to contact a member of our team, who will be happy to help.
A claim for compensation regarding this type of claim must be commenced no later than three years from your date of knowledge of the injury including symptoms – not from the original exposure which may have caused the injury. The Courts do have power in some cases to extend the time limit, but this power cannot and must not be relied on. If you have any questions about the three year time limit and are not sure whether or not this has already expired, then please do not hesitate to contact a member of our personal injury team as soon as possible. They will be happy to discuss and explain whether or not it is likely a Court will conclude that your claim is out of time.
Funding your claim
If your claim has reasonable prospects of success, then we will be happy to act for you on a ‘no win, no fee’ basis. We will make enquiries to ensure ‘no win, no fee’ is appropriate to you. We will be happy to discuss other funding options with you.
We will be happy to help and to provide free initial advice.
There is no obligation to make a claim – you decide whether or not you wish to go ahead.
Poole Alcock’s personal injury department in Cheshire is accredited by the Association of Personal Injury Lawyers (APIL) and our expert Solicitors include members of the Law Society Personal Injury Accreditation Scheme and APIL Senior Litigators.