Occupational Asthma Claims

Occupational asthma is a common work-related lung condition in England and Wales which develops when employees breathe in harmful substances such as dust, fumes, chemicals, vapours, or other airborne particles in the workplace. Employers are legally required to properly control or minimise any risk of exposure to such substances. If such an exposure triggers a new asthma or aggravates and existing respiratory condition, an employee may be eligible to file a personal injury claim for compensation.

How Is Occupational Asthma Diagnosed?

Common asthma symptoms according to Asthma & Lung UK, are coughing, wheezing, breathlessness and a tight chest. Typical questions your GP is likely to ask are:

• When did your adult symptoms start?
• Do your symptoms improve when you’re not at work?
• Do your symptoms get worse at work or overnight?

Your GP may also ask you about your role at work and where you have worked in the past.

The Health and Safety Executive (HSE) has highlighted that since 2000 statistics indicate that there has been a decrease in the number of reported cases of occupational asthma. However, the HSE states, “The occupations with the highest incidence rates include bakers and vehicle paint sprayers” and the “most commonly cited cause of occupational asthma was isocyanates followed by flour”.

Common Causes of Occupational Asthma in the Workplace

The Health and Safety Executive (HSE) has highlighted that since 2000 statistics indicate that there has been a decrease in the number of reported cases of occupational asthma. However, the HSE states, “The occupations with the highest incidence rates include bakers and vehicle paint sprayers” and the “most commonly cited cause of occupational asthma was isocyanates followed by flour”.

Employers have a legal duty to assess risks and minimise exposure to hazardous substances under different work safety regulations such as COSHH (The Control of Substances Hazardous to Health Regulations 2002).

Common workplace triggers include:

• Wood dust in carpentry and joinery
• Flour dust in bakeries
• Cleaning chemicals
• Paint sprays and solvents
• Isocyanates used in vehicle spraying
• Industrial fumes
• Welding fumes
• Latex products
• Animal proteins in laboratories
• Manufacturing chemicals

Top Tip: An employee may assume their respiratory symptoms are a normal part of their job during the day. But not seeking medical attention may allow the condition to worsen and can affect long-term lung function.

When Can You Make a Personal Injury Claim for Occupational Asthma?

You may be able to make a personal injury claim if your employer breached their duty of care and that failure directly contributed to the development of your occupational asthma.

Examples of employer negligence typically includes:

• Failing to carry out risk assessments
• Not providing suitable respiratory protective equipment
• Inadequate workplace ventilation
• Failure to monitor airborne contaminants
• Lack of employee training regarding hazardous substances
• Ignoring complaints about dust, fumes, or chemical exposure
• Failure to follow health and safety regulations

To make a claim for compensation, you will need to show that your employer’s negligence caused or materially contributed to your condition.

Real-World Scenario: Vehicle Paint Sprayer

A vehicle paint sprayer works in a body repair workshop for a number of years. But their employer does not properly maintain the extraction systems and does not regularly replace respiratory masks. The sprayer starts to feel breathless at work, as well as coughing and when he goes to the GP, he is diagnosed with occupational asthma linked to exposure to isocyanate-based paints.

Because the employer failed to implement adequate safety measures, the employee may be able to claim compensation for pain and suffering, lost earnings, and future financial losses.

Real-World Scenario: Bakery Employee

A bakery worker works with large quantities of flour over many years where there is no proper dust control measures. He starts suffering with breathing difficulties and wheezing. His GP identifies the flour at work as the cause, and he’s diagnosed with occupational asthma. The employee contacts a personal injury solicitor to have his claim assessed as to filing a claim for compensation.

Evidence Needed for an Occupational Asthma Compensation Claim

Gathering strong evidence for an occupational asthma claim is vital. Therefore, the type of evidence you should look for includes:

• Medical records
• Respiratory specialist reports
• Occupational health assessments
• Employment records
• Witness statements from colleagues
• Workplace risk assessments
• Exposure monitoring records
• Health and safety reports
• Details of protective equipment provided

Top Tip: It is worth creating a detailed timeline to show when symptoms started, how they progressed, and how they relate to working patterns can significantly strengthen a claim.

What Compensation Can Be Claimed?

Compensation for occupational asthma generally consists of:

1. General Damages

General damages includes pain, suffering, and loss of amenity caused by the occupational asthma. The amount depends on factors such as:

• Severity of symptoms
• Impact on daily life
• Need for ongoing treatment
• Long-term prognosis
• Effect on physical activities

2. Special Damages

Special damages cover financial losses due to the illness and may include:

• Lost earnings
• Future loss of income
• Medical expenses
• Prescription costs
• Travel expenses for treatment
• Rehabilitation costs
• Care and assistance provided by family members

Time Limits for Occupational Asthma Claims

In most cases, occupational asthma claims must be started within three years of the date of knowledge.

This means when a medical professional first confirms that workplace exposure caused or contributed to the condition.

Because occupational asthma frequently develops over time, determining the correct limitation date can be complex. Seeking legal advice as early as possible helps preserve important evidence and protects your right to claim.

FAQs: Why Should You Use a Personal Injury Solicitor for an Occupational Asthma Claim?

Why should I use a personal injury solicitor instead of handling the claim myself?

Occupational asthma claims often involve complex medical evidence, workplace exposure assessments, and legal arguments. A personal injury solicitor understands how to gather evidence, instruct medical experts, and build a strong case  for you.

Can a solicitor help prove that my asthma was caused by work?

Yes. A solicitor can obtain specialist medical reports, employment records, health and safety documentation, and expert evidence to establish the link between workplace exposure and your condition.

Will a solicitor calculate my compensation accurately?

A solicitor will assess both current and future losses. This includes lost earnings, reduced earning capacity, treatment costs, and the long-term impact of the condition, helping ensure that all aspects of your claim are considered so that you can claim maximum compensation.

What if my employer denies responsibility?

Employer liability disputes are common in occupational asthma cases. A solicitor can challenge the employer’s position, obtain supporting evidence, and negotiate with insurers on your behalf.

Can a solicitor help if I have already left my job?

Yes. Leaving employment does not automatically stop you from making a claim. A solicitor can investigate historic workplace exposure and advise whether you remain eligible to claim compensation.

Is there a time limit for seeking legal advice?

Yes. Occupational asthma claims are subject to legal time limits. Seeking advice as soon as possible allows your solicitor to preserve evidence and assess whether your claim falls within the relevant limitation period.

How We Can Help

If you have developed occupational asthma because of workplace exposure to harmful substances, you may be entitled to compensation. Employers have a legal responsibility to provide a safe working environment and take reasonable steps to protect employees from respiratory hazards.

We partner with personal injury lawyers who offer a free, no-obligation consultation to assess your case. They also offer No Win, No Fee agreements.

📞 To discuss your potential claim in confidence, contact our friendly team at Jefferies Claims on 0333 358 3034.
💻 Alternatively, complete our online contact form.

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.