Occupational Asthma Claims

Occupational asthma is a type of asthma that develops as a result of exposure to substances in the workplace. Unlike asthma that begins during childhood or for reasons unrelated to work, occupational asthma is directly linked to breathing in dust, fumes, chemicals, allergens or other airborne substances encountered during employment.

The condition can have a significant impact on both health and employment. Some people find their symptoms improve when they are away from work, only to worsen when they return. Others may eventually need to change roles or leave an occupation entirely to avoid further exposure.

If you have been diagnosed with occupational asthma and believe your condition may be connected to your work, compensation may be available.

What is occupational asthma?

Occupational asthma is asthma that is caused or triggered by exposure to substances in the workplace.

When certain substances are inhaled, they can cause inflammation and narrowing of the airways, resulting in breathing difficulties and other respiratory symptoms. In some cases, repeated exposure can lead to long-term or permanent respiratory problems.

The condition can develop in people who have never previously experienced asthma symptoms. It may also worsen existing asthma where work-related exposure aggravates the condition.

Early diagnosis and removal from exposure may improve outcomes, which is why recognising the link between symptoms and work can be particularly important.

What workplace substances can cause occupational asthma?

Many different substances have been linked to occupational asthma.

Examples include:

• Wood dust
• Flour and grain dust
• Welding fumes
• Paint sprays
• Chemical vapours
• Cleaning chemicals
• Latex products
• Adhesives and resins
• Metalworking fluids
• Animal allergens
• Industrial dusts
• Isocyanates used in paints and coatings

The level of risk will depend on the type of substance involved, the amount of exposure and the measures in place to protect workers.

Which jobs are most commonly associated with occupational asthma?

Occupational asthma can develop in a wide variety of industries.

Jobs commonly linked to workplace asthma claims include:

• Bakers
• Construction workers
• Welders
• Spray painters
• Car body repair technicians
• Cleaners
• Engineers
• Factory workers
• Laboratory workers
• Agricultural workers
• Farmers
• Veterinary staff
• Healthcare workers
• Woodworkers and carpenters

Many people spend years being exposed to airborne substances before realising that their symptoms may be connected to their work.

What are the symptoms of occupational asthma?

Symptoms can vary between individuals but commonly include:

• Wheezing

• Shortness of breath
• Persistent coughing
• Chest tightness
• Difficulty breathing
• Increased mucus production
• Disturbed sleep due to breathing problems

A common feature of occupational asthma is that symptoms may improve during weekends, annual leave or periods away from work before worsening again after returning to the workplace.

Some people notice symptoms almost immediately after exposure, while others develop problems gradually over a longer period.

How can occupational asthma affect everyday life?

Occupational asthma can affect much more than a person's breathing.

The condition may have an impact on:

• Employment and career progression
• Physical activity
• Sleep quality
• Family life
• Hobbies and recreation
• Mental wellbeing
• Future earning capacity

For some individuals, avoiding further exposure may require a complete change of occupation, particularly where the trigger is unavoidable within their industry.

Even where symptoms are managed through medication, the condition can continue to affect daily life and long-term health.

When might an occupational asthma claim be possible?

A compensation claim may be possible where workplace exposure has caused occupational asthma or materially contributed to the development of the condition and reasonable steps were not taken to reduce the risk.

Relevant considerations may include:

• Whether risk assessments were carried out
• Exposure to known respiratory hazards
• Availability of ventilation systems
• Dust extraction measures
• Protective equipment provided
• Training and supervision
• Workplace monitoring procedures
• Health surveillance arrangements

Every case depends on its own facts and the available evidence.

Occupational asthma claims often require an investigation into workplace conditions and the nature of the substances involved.

What evidence may support an occupational asthma claim?

Evidence can vary between cases but may include:

• Medical records

• Asthma assessments
• Respiratory test results
• Consultant reports
• Employment records
• Workplace risk assessments
• Witness statements
• Training records
• Occupational health reports
• Information regarding workplace exposure

Industrial disease claims often involve examining a person's employment history over several years to identify the likely source of exposure.

How our industrial disease solicitors can help

Our Personal Injury team can assist with occupational asthma claims by:

• Reviewing your employment history

• Assessing potential workplace exposures
• Investigating workplace conditions
• Gathering medical evidence
• Identifying potentially responsible employers
• Explaining available funding options

Industrial disease claims can be complex because symptoms often develop gradually and workplace exposure may have occurred over many years.

Each claim is assessed on its own circumstances and evidence.

Funding an occupational asthma claim

Many industrial disease claims can be funded through a Conditional Fee Agreement, often referred to as a no win no fee arrangement.

Legal Expenses Insurance may also be available through existing home insurance, motor insurance, trade union membership or other insurance policies.

Where appropriate, we can help determine whether Legal Expenses Insurance may be available and explain how it could assist with legal costs.

What happens first?

The first step is a confidential, no-obligation conversation.

We will discuss your diagnosis, employment history and any substances you may have been exposed to during your work.

If appropriate, we can explain whether a claim may be possible and outline the information that may assist in investigating the circumstances further.

There is no pressure to proceed, and any discussion can take place at a pace that feels right for you.

Time limits for occupational asthma claims

Personal injury claims are subject to time limits.

In many cases, a claim must be started within three years of the date you became aware, or could reasonably have become aware, that your condition may be linked to workplace exposure.

This can be particularly important in industrial disease claims because symptoms often develop gradually and the connection between work and illness may not be immediately obvious.

Obtaining legal advice early can help clarify how time limits may apply to your circumstances.

Occupational Asthma Claims – Frequently Asked Questions

What is occupational asthma?

Occupational asthma is asthma caused by exposure to substances encountered in the workplace, such as dust, fumes, chemicals or allergens.

How do I know if my asthma is work-related?

Many people notice that symptoms improve when they are away from work and worsen when they return. Medical assessment and employment history can help determine whether workplace exposure may be relevant.

What jobs are most commonly linked to occupational asthma?

Bakers, welders, spray painters, construction workers, cleaners, farmers, engineers and healthcare workers are among the occupations commonly associated with occupational asthma.

Can occupational asthma be permanent?

In some cases, occupational asthma can continue even after exposure has stopped. Early diagnosis and management are often important in helping to reduce long-term effects.

What substances commonly trigger occupational asthma?

Common triggers include wood dust, flour dust, chemical vapours, paint sprays, cleaning products, welding fumes and industrial allergens.

Can I claim if I no longer work for the employer involved?

Potentially yes. Many occupational disease claims are investigated after a worker has changed jobs or left the industry.

What evidence is needed for an occupational asthma claim?

Medical evidence, employment records and information regarding workplace exposure are often important when investigating a claim.

Can a family member make an enquiry on someone's behalf?

Yes. A family member can often make an initial enquiry where support is needed.

Speak to us about an occupational asthma claim

If you have been diagnosed with occupational asthma and believe your condition may be linked to workplace exposure, we understand the impact respiratory illness can have on your health, employment and everyday life.

An initial conversation can help you understand whether a claim may be possible, what evidence may be needed and what funding options may be available, with no obligation to proceed.

Contact our Personal Injury team at Clarkson Wright & Jakes on 01689 887887 or at cwj@cwj.co.uk to discuss an Occupational Asthma compensation claim. 

Alternatively, you can complete our Personal Injury Calculator here.