Occupational Asthma Claims
Occupational Asthma Legal Advice
Thank you very much for the brilliant service, professionalism and caring attitude whilst handling my recent claim.
Vicki, Sheffield Our team of expert asthma lawyers have handled many asthma claims through to successful conclusion. Our experience enables us to understand and plan for some of the challenges and difficulties that may lie ahead. We understand that many aspects of your life, work, family, relationships and recreation will have changed. Our understanding enables us to present any asthma compensation claims in the fairest and most appropriate way.
What is Asthma?
Asthma, or Restrictive Airways Dysfunction Syndrome (RADS), is a breathing disorder caused by the narrowing of the airways. Attacks are often brought about by external stimuli such as pollens, dust mites, animal fur or substances at work. When some individuals are exposed to such substances, their immune response system causes a release of histamine into the airways. This chemical causes swelling and constriction of the muscles in the airways thus narrowing the air passages. Symptoms of asthma include coughing, wheezing, chest tightness and shortness of breath. Typical asthma symptoms arise because the individual is unable to exhale sufficient carbon dioxide from the lungs and the attacks can be very distressing. It is very important to obtain a family history as many people develop asthma in childhood and some adults can develop late onset of asthma. Smoking is also believed to increase the risk of being sensitised.
Some agents inhaled at work can be linked to the onset of asthma. Inducers initiate asthma by causing inflammation of the airways and hypersensitivity. They may cause toxic damage to the lining of the airways. Inciters do not initiate the asthma itself, but are likely to provoke acute attacks of transient airway narrowing in those who are already hypersensitive. Occupational asthma is dose related and the frequency and severity of attacks are likely to worsen with prolonged exposure.
Asthma is treatable with the use of inhalers although the most effective way of managing occupational asthma is to remove the individual from the source of the problem. Prompt action is likely to reduce the possibility of further attacks and hopefully reverse the condition. On the other hand, if prompt action is not taken, the asthma is likely to worsen and become chronic. At this stage, removal from exposure may have little or no affect and the condition may be so severe as to be fatal. As hypersensitivity develops the individual is likely to develop a reaction to very small amounts of the agent in the atmosphere which may ultimately require total removal from the workplace.
Examples of relevant substances which could cause occupational asthma are spray paint, flour grain, wood dust, glues and resins.
Certain products are recognised by the Health and Safety Executive as being substances which are hazardous to health. The Health and Safety Executive produce a list of such substances which is constantly being updated. The control of these substances in the workplace is governed by the Control of Substances Hazardous to Health (COSHH) Regulations 2002.
There are various duties and obligations on employers under the COSHH regulations to protect their employees from injury. Such duties include identifying the substances hazardous to heath, assessing the risks arising in the workplace, deciding what precautions need to be taken to eliminate or minimise the risks of exposure, monitor the exposure where necessary, provide suitable personal protective equipment where appropriate, ensure that safety systems have been implemented and adhered to by staff and are regularly updated, provide regular health surveillance of the workforce including lung function tests, ensuring that health and safety is treated as a priority by the company and that there are regular Health and Safety committee meetings and reviewing incident records and identifying any patterns in the workforce and acting promptly when a problem arises.
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