COPD (Chronic Obstructive Pulmonary Disease ) Compensation Claims
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COPD Compensation Claims
Working in certain industries or environments can increase your chances of injuries and developing certain conditions. COPD is an umbrella term for a range of severe lung conditions that can drastically impact your life and leave you requiring long-term care.
Unfortunately, COPD is one of the most prevalent occupational-related lung conditions, causing 34% of 12,000 deaths yearly (HSE). The effects of COPD can be devastating, but you can make a compensation claim if your employer is at fault.
Claim compensation for Chronic Obstructive Pulmonary Disease
Employer negligence shouldn’t be an ongoing issue in the UK, but it unfortunately is. COPD is a severe condition that requires substantial lifestyle changes and ongoing treatment. Many people find they’re unable to work after a diagnosis, which can result in financial problems.
If you’re a victim of employer negligence, you could be eligible to claim compensation for your injuries. By calling 0800 234 6438 or filling out the online form, you can speak to a specialist legal advisor for free.
If they believe you’re eligible for compensation, you’ll be connected with a no win no fee solicitor, who will take on your case.
What is work-related COPD?
COPD refers to a range of conditions that affect the lungs. Each varies in severity but causes long-term symptoms and – in severe cases – death. While people with mild COPD can have an average life expectancy, the condition still impacts their ability to work and perform daily activities.
The two types of COPD are:
Emphysema – When the air sacs in the lungs become damaged.
Chronic Bronchitis – General bronchitis is treatable, but chronic bronchitis causes long-term airway inflammation.
While smoking cigarettes and other tobacco products is the leading cause of COPD, exposure to dust particles and chemicals can also increase your chances of getting it.
Why make a COPD compensation claim?
All employers have a duty of care to their workforce, and the Health and Safety at Work Act (1974) clearly outlines their responsibilities.
If you work in an environment that exposes you to chemicals or harmful dust particles, the employer should also follow the PPE at work regulations, updated in 2022.
Failing to provide personal protective equipment or give you faulty equipment means you can make a compensation claim. Remember, COPD can cause long-term effects, and you have the right to hold your employer accountable for any damage.
It will help you recover financially and ensure your employer doesn’t make the same mistakes again, and you can protect others. If you’d like to get the ball rolling on your compensation claim, please complete the online form or call 0800 234 6438.
The causes of occupational-related COPD
Chronic Obstructive Pulmonary Disease is common in some occupations, including:
Food Industry Workers (Flour and Grain)
Rubber and Plastics Manufacturing
The main reason for increased risks in these industries is that workers regularly handle certain chemicals and dust particles. They include:
Cadmium Dust and Fumes
Many of these substances can also cause occupational asthma, but proper training and PPE can prevent the condition.
The effects of Chronic Obstructive Pulmonary Disease (COPD)
COPD is a non-reversible condition; once you have it, you’ll deal with it for the rest of your life. However, there are treatments available to help you manage the symptoms and perform daily activities.
Common COPD symptoms include:
Frequent chest infections
People with severe COPD often have worse side effects and are at risk of other symptoms, including extreme weight loss and significantly lower chances of survival.
Making a COPD compensation claim
The first step in claiming compensation is to phone 0800 234 6438 and speak to a legal advisor for free. These specialists are trained in dealing with occupational-related accidents and illnesses, enabling them to evaluate whether your employer operated against Health and Safety Executive guidelines.
If they think you’re entitled to compensation, your case will go to a no win no fee solicitor, and they’ll handle everything for you.
Meeting with a no win no fee service
No win no fee solicitors work differently from traditional legal services. While general lawyers charge an hourly fee, a no win no fee service doesn’t receive any fees unless they win your case.
Choosing a traditional solicitor means you’ll have to invest heavily in their services, and there are no guarantees of your claim being successful. There are no risks with no win no fee claims, and a solicitor will only take on the case if they think you’ll win, which gives you added peace of mind.
Calculating your COPD claim
COPD claims can only be successful if your lawyer can prove the employer was at fault, so they’ll need to gather evidence and look at how the illness impacts your life. Your medical records and any other information that verifies the long-term effects of COPD will dictate your compensation amount.
The solicitor will also want to evaluate the degree of negligence and whether the employer took steps to protect you from harmful substances.
Negotiating an amount
If your solicitor can prove employer negligence and demonstrate how the COPD symptoms impact your daily life, they’ll calculate an amount based on those factors. Most personal injury claims go through the negligent party’s insurance provider, but your solicitor will handle the negotiations on your behalf.
In most cases, the insurance company will want you to attend a medical assessment to verify your symptoms.
Once the negligent party has the necessary information, your lawyer will negotiate a settlement. COPD compensation claims can quickly settle, while some might be longer depending on the insurance provider and whether they’re willing to offer the desired amount.
After your case settles, your solicitor will take their fee out of the award, and you’ll receive the rest of the money.
Gathering evidence to support your COPD claim
While personal injury lawyers will gather evidence on your behalf, it’s always beneficial to be proactive and collect evidence. Your case will need to be airtight to result in a successful claim, and helping COPD solicitors can also speed up the entire process.
Beneficial forms of evidence you can collect include:
Records: Some people have employment records that indicate their exposure to certain chemicals. Being able to access these will help your lawyer prove employer negligence.
Medical Notes: Any notes from your initial diagnosis and treatments are beneficial for establishing the extent of your condition.
Witnesses: Your co-workers might also be dealing with COPD or another respiratory-related illness, so getting statements from them can help your case.
Finances: Ensuring you document any lost earnings, transportation costs, or other expenses related to the illness allows your solicitor to calculate your claim.
How much compensation will I receive?
COPD compensation amounts differ, as no case is the same. Your lawyer will always try to secure the maximum amount of compensation possible. However, while bronchitis causes chronic cough and wheezing, emphysema is later-stage COPD.
Emphysema claims usually pay more than chronic bronchitis, as the symptoms and impacts are more serious. Your solicitor will also factor in special damages, such as the financial burden of your illness, private care, transportation costs and anything else.
It also depends on your working environment and how negligent the employer was. The best way to get a realistic figure is by asking the solicitor.
Enquire about COPD compensation claims today
COPD is a devastating illness that is highly preventable. If you develop the condition due to working conditions, you can claim compensation and recover financially.
Contacting a free legal advisory service is the first step in holding your employer responsible and getting the ball rolling on your claim. Call 0800 234 6438 today or fill in the online form, and a legal advisor will get back to you.
Can I claim on behalf of a loved one?
If your spouse is too unwell to make a claim or passes away, you have the right to claim compensation on their behalf. However, rules are in place, so it’s best to speak to a legal advisor to determine eligibility.
How long will my claim take?
You have up to three years from the date of your diagnosis to make a claim, but the process can be drawn out. It’s best to file your claim as soon as possible because your solicitor has to negotiate compensation, which can take some time.
Should I claim against my employer?
It’s natural to feel wrong about claiming compensation, but your employer has a duty of care to you. Failing to provide proper training or supply effective PPE can cause COPD, and the condition’s effects can change your life.
Claiming compensation holds your employer accountable and also provides you with financial support.