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Lung disease compensation claims

If you suffer from lung damage or a respiratory illness due to your working conditions, we can help you make a lung disease compensation claim.

Call us free on 0800 678 1410

Lung Disease Claims

A respiratory or lung disease can significantly affect your quality of life and the ability to function normally. Symptoms can make it challenging to work and carry out daily activities, which can lead to stress, anxiety and financial losses.

Lung diseases are typically caused by exposure to air pollutants and harmful substances like asbestos, dust and fumes. They can also be due to infections and other medical conditions that are not correctly diagnosed and treated. If you have developed a lung disease due to someone else’s negligence or breach of duty, you might be entitled to claim compensation.

To find out if you can make a lung disease claim, please call 0800 678 1410 or enter your details into our online form to get a call back. A friendly and experienced solicitor will offer you a free case assessment and explain your legal options with no obligation to proceed.

What is a lung disease?

The lungs are an essential organ in the respiratory system, responsible for exchanging oxygen and carbon dioxide between the air we breathe and the bloodstream. A lung disease refers to any medical condition or disorder that affects the lungs, impairing normal lung function. There are many different types of respiratory conditions, primarily associated with infections and environmental factors. They range from mild and manageable conditions to serious, life-threatening illnesses and cause symptoms such as:

  • Shortness of breath or difficulty breathing, especially during physical exertion
  • A persistent cough, which might be dry or produce mucus
  • Coughing up blood
  • A whistling or high-pitched sound during breathing, often indicative of narrowed airways
  • Discomfort or a feeling of pressure in the chest
  • Generalised tiredness or a lack of energy
  • Recurrent or chronic respiratory infections
  • Bluish discolouration of the lips, face, or fingertips due to inadequate oxygen levels in the blood
  • Significant and unintentional weight loss without apparent cause

If you experience persistent or worsening respiratory symptoms, you should see a doctor for a medical evaluation. They will conduct a physical exam and order imaging studies, pulmonary function tests, and sometimes a biopsy to adequately diagnose your condition.

What types of lung diseases are there?

There are various lung diseases, and some of their symptoms typically overlap. Some of the most common conditions that lead to a lung damage compensation claim include:

  • Asthma. Asthma is a chronic respiratory illness marked by inflammation of the airways, which leads to recurrent episodes of wheezing, shortness of breath, chest tightness, and coughing.
  • Pneumonia. This is an infectious disease of the air sacs, which causes them to fill with fluid or pus. Symptoms include fever, cough, and difficulty breathing.
  • Lung cancer. Lung cancer can be caused by exposure to hazardous substances in the workplace and causes symptoms like a persistent cough, chest pain, fatigue and unexplained weight loss.
  • Asbestosis. This condition is due to long-term exposure to asbestos fibres, leading to scarring of the lung tissue and respiratory symptoms such as shortness of breath and coughing.
  • Chronic Obstructive Pulmonary Disease (COPD). COPD encompasses chronic bronchitis and emphysema and is characterised by chronic cough, chest tightness and difficulty breathing.
  • Pneumoconiosis. This industrial disease is caused by the inhalation of dust, such as coal dust or silica, leading to inflammation and scarring of the lung tissue.
  • Mesothelioma. Mesothelioma is a rare and aggressive cancer that primarily affects the lining of the lungs and is often associated with asbestos exposure.

Am I eligible to make a lung disease claim?

Claims for lung disease compensation are typically related to workplace negligence. However, they can also arise from other situations, such as medical negligence or product liability. Before taking on your case, a personal injury solicitor will verify whether:

  • Another party owed you a duty of care;
  • They breached their duty by acting negligently;
  • You developed a lung disease as a result of their negligence.

A breach of duty will be determined by referring to legislation such as the Health and Safety at Work Act 1974. If your solicitor can prove negligence, they will help you gather all the evidence you need to claim lung damage compensation. They will also send a letter of claim to the defendant to inform them of your intention and handle negotiations with them on your behalf.

What evidence do I need to support my case?

Your solicitor will need various types of proof to support your claim for respiratory disease compensation. Some key types of evidence that might be relevant to your case include:

  • Detailed medical records of your diagnosis, treatments and prognosis of your lung disease;
  • Relevant diagnostic tests, such as pulmonary function tests, imaging studies (X-rays, CT scans), and pathology reports from biopsies;
  • If the lung disease is work-related, you should provide a detailed history of your occupational exposures;
  • Statements from colleagues, supervisors, or other individuals who can attest to the working conditions, exposure to harmful substances, and any lack of safety measures in the workplace;
  • Expert opinions from medical professionals who can link the lung disease to specific occupational exposures;
  • Photographs or videos documenting the workplace conditions, equipment, or substances that may have contributed to the lung disease;
  • Records of the training you received and safety measures implemented by your employer;
  • You also need documents like medical bills, payslips and invoices to help quantify your financial losses.

If the defendant does not admit liability or you cannot agree on the compensation you deserve, your solicitor may have to take your case to court. In these circumstances, a judge will look at the evidence and determine who is liable for your disease and how much you should receive in damages.

Common scenarios that may lead to a lung damage claim

Lung damage claims can arise from various scenarios, often involving exposure to harmful substances, unsafe working conditions, or negligent actions. The most common causes include:

  • Occupational exposure. Prolonged exposure to hazardous substances in the workplace, such as chemicals, fumes, or toxic dust, can result in severe lung damage. Workers in industries like manufacturing, construction, and mining are especially at risk if proper safety measures are not in place.
  • Asbestos exposure. Asbestos exposure poses a significant risk to lung health, leading to conditions such as asbestosis, lung cancer, and mesothelioma. Not only individuals who have worked in industries like construction and insulation are at risk, but also their family members and anyone living in buildings that contain asbestos.
  • Defective products. You may develop a respiratory or lung disease if you are exposed to toxic materials due to faulty protection equipment, such as masks or respirators. In some cases, you can make a claim against the product manufacturer or distributor under the Consumer Rights Act 2015.
  • Workplace accidents. Workplace accidents, including fires, explosions, or chemical spills, can result in acute respiratory injuries or long-term lung damage.
  • Medical negligence. A misdiagnosis, delayed diagnosis, or improper treatment of respiratory conditions can lead to worsened lung damage and avoidable suffering for which you could claim compensation.

lung disease claims

Under the Health and Safety at Work Act 1974 and other workplace legislation, employers must take all reasonable measures to keep employees safe from respiratory and lung diseases. Types of employer negligence that could lead to an accident at work claim include:

  • Failure to assess air quality and hazards that could lead to respiratory damage or occupational lung diseases;
  • Failure to supply employees with adequate personal protective equipment (PPE), such as masks and respirators;
  • Lack of adequate ventilation in the workplace to minimise exposure to pollutants, dust, or fumes;
  • Failure to limit or control exposure to harmful substances like asbestos, silica dust, chemicals, or toxic fumes;
  • Lack of proper training and education regarding the potential respiratory hazards;
  • Not considering using less risky materials or safer alternative processes;
  • Failure to comply with health and safety regulations related to exposure limits, protective equipment, and overall workplace safety standards;
  • Failure to offer regular health check-ups or monitor employees in occupations with known respiratory risks.

If your employer has not followed their legal duties appropriately and you were diagnosed with a lung condition, you may be entitled to work related lung disease compensation. Your claim should not affect your job, as you are protected by unfair dismissal laws. If your employer sacks or disciplines you in any way, you can take further legal action at an employment tribunal.

Can I claim compensation if a loved one has died due to a respiratory disease?

You might be entitled to compensation if you lost a loved one due to a lung problem and you classify as their dependant. According to the Fatal Accidents Act 1976, the following people have the right to make a dependency claim:

  • Spouses and civil partners, including former ones
  • Anyone living with them as a spouse or civil partner for at least two years
  • Parents and anyone treated as a parent by the deceased
  • Children and anyone they treated as a child
  • Siblings, aunts and uncles
  • Any other ascendants or descendants depending on the deceased

If your loved one passed away due to someone else’s negligence, a lung damage compensation claim could comprise the following:

  • The loss of financial support expected from them, which includes their income, bonuses, pensions, investments and other sources of revenue;
  • Lost services they provided in the family and household, such as childcare, gardening, DIY projects and property maintenance;
  • Funeral expenses like the wreaths, transporting the body to the grave, and the headstone;
  • Lost wages and out-of-pocket expenses they incurred between when they were diagnosed and when they passed away, such as care costs, medical treatments and travel expenses for hospital visits;
  • A bereavement award of £15,120, which serves as recognition of the wrongful death and the grief this has caused you.

Frequently asked questions

Please take a look at the section below for more information about making a lung damage claim. Here, we have answered some of the most common questions regarding the claims process. For a thorough assessment of your case, please call 0800 678 1410 or request a call back. A friendly legal adviser will provide you with a free case assessment with no obligation to proceed.

How long do I have to make a lung disease claim?

The Limitation Act 1980 sets strict time limits for claiming lung damage compensation and other personal injury claims. Since it is usually hard to pinpoint when you became ill, you will have three years to start your claim from the date you were diagnosed with a lung disease (the date of knowledge). There are a few exceptions to this rule:

  • For child injury claims, the three-year limitation date begins on the child’s 18th birthday. They would have until turning 21 to make a claim if a parent or another adult did not claim for compensation on their behalf.
  • The time limit is put on hold if the injured person cannot claim due to mental incapacity. This could be due to a stroke, post-traumatic stress disorder (PTSD) or a condition such as Alzheimer’s. In this case, a litigation friend could represent them anytime.
  • If a loved one has passed away due to a lung condition, you have three years to claim from the date of their death.

How much lung disease compensation could I receive?

The amount of compensation you might be able to claim will significantly depend on the severity of your disease and how it has affected your life. Compensation for lung disease claims consists of two types of damages: general damages, awarded for pain and suffering, and special damages, awarded for financial losses and expenses. Examples of damages include:

  • Physical pain, suffering and disability
  • Mental anguish, distress and anxiety
  • Reduced quality of life and life expectancy
  • Medical expenses for private treatments and prescriptions
  • Loss of earnings and future earning capacity
  • Care costs and modifications to your home or to accommodate your illness

According to the guidelines from the Judicial College, you could receive up to £5,150 for mild asthma and bronchitis and up to £114,460 for mesothelioma and asbestosis. This, however, does not include special damages such as lost earnings, which can significantly increase the overall compensation amount.

Can I make a no win no fee lung disease compensation claim?

If they take on your case, your solicitor will work on a no win no fee basis. That means there is no upfront payment, and you can make a lung disease compensation claim regardless of your financial situation. If you win, your solicitor will receive a success fee of up to 25% of your compensation award. If you lose, you do not pay them a single penny.

You also have After the Event insurance included in your claim, which will cover all the litigation fees if your case is unsuccessful, including the defendant’s expenses. You do not have to worry about financial risks with no win no fee, as you will never be left out of pocket if your claim is unsuccessful.

To find out if you can start a no win no fee lung disease claim and how much compensation you could receive, call 0800 678 1410 today. Or you can enter your details into our online claim form to request a free case assessment with a friendly solicitor.