Occupational Asthma Compensation Payouts Guide

Author:
Anthony Waddington
Senior Associate Solicitor, Industrial Disease Claims
Date:
10/09/2019

This guide shows the different amounts of compensation that can be awarded in claims for occupational asthma in the UK. In most work related asthma cases when compensation is awarded, the payout will include compensation for General Damages and Special Damages.

How Much Compensation for Occupational Asthma?

The amount of compensation you can claim following the development of work related asthma depends on the extent and severity of the asthma symptoms and respiratory disability. It will also depend upon whether there are financial losses due to, for example, incapacity for work.

At Simpson Millar, we have a team of Industrial Disease Solicitors that specialise in occupational asthma claims. Our Solicitors are dedicated to getting the maximum amount of compensation and rehabilitation support for people who are suffering from occupational asthma through no fault of their own.

For free legal advice get in touch with our Industrial Disease Solicitors. Ask if we can deal with your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Compensation for Occupational Asthma

In the UK, personal injury compensation is divided into two categories – General Damages and Special Damages.

General Damages for Occupational Asthma

General Damages are intended to compensate you for your pain, suffering and loss of amenity – the way in which your quality of life has been affected. Pain and suffering can be both physical and psychological and would include symptoms such as breathlessness, sensitivity to triggers and any need for medication.

Below are guidelines which state how much compensation should be awarded for General Damages in Occupational Asthma claims. These are split into brackets, depending on the severity of the disease. For example, as a general guide:

      • Most Severe – in the most severe occupational asthma cases, the compensation awarded for General Damages could be between £37,760 – £57,620
      • Moderately Severe – in moderately severe occupational asthma cases, the compensation awarded could be between £23,050 - £37,760
      • Moderate – in moderate occupational asthma cases, the compensation awarded could be between £16,830 - £23050
      • Mild – in cases of mild asthma, the compensation awarded could be between £9,330 - £16,830
      • Very Mild – in cases of very mild asthma or short-lived asthma type symptoms, the award could be up to £4,520

Special Damages for Occupational Asthma

Special Damages are intended to replace your actual financial losses. This can include your past and future loss of earnings, the cost of medical rehabilitation, the cost of adapting your home and the cost of re-training if you cannot continue in the role or career you were working in.

This means your Special Damages depend entirely on the amount of money you have lost because of the exposure that resulted in your illness. Financial losses in work related asthma cases can be significant, especially if your ability to work is affected, and/or you require lifelong care and assistance.

Final Settlement Figure

When your General Damages and Special Damages are added together, you get your final settlement figure.

Due to the variation in what people earn, the bracket of award for the loss of earnings element of an occupational asthma claim can be from a few thousand to a few hundred thousand pounds. This is reflected in the variation in final settlements seen in occupational asthma cases.

What is the Compensation For?

Occupational asthma symptoms vary enormously in severity and effect on a person’s social and working life. Someone can recover from a mild asthma symptoms within a matter of months once they are removed from the offending environment or exposure. On the other hand, very severe occupational asthma may never fully resolve.

Whatever severity of occupational asthma you have suffered, you deserve to be properly compensated. Your General Damages are there as redress for the impact your occupational asthma has had. Of course, this can never give you your health back, but it can offer some form of justice for you.

Special Damages are there to put you back in the financial position you would have been in, were it not for the condition. Where occupational asthma is concerned, the financial losses can be very significant when a person’s ability to work is affected. You may not be able to return to work at all, or you may only be able to manage a reduced workload or have to change career. The loss of income can result in hardship for you and your family.

Additionally, in the most severe cases you may need care and assistance at home, and a range of medical treatments for life. Your home may therefore have to be adapted to account for your illness.

Your compensation is intended to cover all of these expenses, ensuring you aren’t left out-of-pocket because of your illness.

How Simpson Millar Can Help You

If you’re suffering from occupational asthma through no fault of your own, please get in touch with our Industrial Disease Solicitors, who have lots of expertise in handling occupational asthma claims.

We offer a free consultation and we may be able to visit you at home (in England or Wales). We can explain the options open to you, and help you to decide what to do next.

For free legal advice call our Industrial Disease Solicitors

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