Industrial Disease Claims > Occupational Asthma claims

Occupational Asthma claims

Occupational asthma is a condition caused due to an allergic reaction to substances during their employment, alternatively you may suffer from work aggravated asthma where the substance has made pre- existing asthma worse in a person.

Any employer who exposes an employee to dust, fumes or impurities that could cause asthma are putting their employees at risk and potentially breaching their statutory duties. These duties form part of The Control of Substances Hazardous to Health (COSHH) Regulations. If an employer was to breach these regulations then an employee could consider making a compensation claim. The HSE has produced a public leaflet with more detailed information that you can access by using this link: http://www.hse.gov.uk/pubns/indg136.pdf.

The main criteria applied by the rules are to ensure that employers consider the products which they are using within a process and whether it may be harmful to their employees:

1. By breathing in the substance
2. Through skin contact
3. As a result of a process due to the way the product is used or generated

Employers are asked to consider using alternative products to prevent exposure, such as water based products or thinking about the way that it is applied such as using a brush rather than a spray. Sometimes they will have certain areas just for the use of the product such as spray booths so that the exposure is limited to an area.

In the event that they are unable to safer products to control the exposure, then they ought to consider whether they have adequate methods of ventilation or extraction fans and that they had provided safety equipment such as goggles, overalls and face masks.

Most importantly, it is essential that the employee has received full training as to the risks of using the products and how to protect themselves from harmful substances.

The Health and Safety Executive estimates that occupational factors are responsible for 9-15% of adult asthma sufferers and each year up to 7,000 people develop occupational or have work aggravated asthma. It is important to remember that you may have been doing the same job for many years but if the products you have used are changed, then you may be at risk of developing problems.

If, you have been diagnosed or you believe you are suffering with Occupational Asthma then you should seek legal advice immediately. Any claim for Occupational Asthma must be made within 3 years of the date you knew or ought to know you were suffering with the condition and therefore it is imperative that you seek advice as soon as possible.