Emphysema compensation claims

This guide looks at everything you need to know about making an emphysema compensation claim.

How much can I claim?

The Health and Safety Executive estimates that approximately 15% of cases of Chronic Obstructive Pulmonary Disease (COPD) are caused by pollutants in the working environment. Industries that have been affected by COPD include coal mining, dry cleaning and those that involve exposure to fine dust or tiny particles in the air. Exposure to those particles over time irritates the lungs, and causes emphysema, a form of COPD.

Emphysema chrest xray

Do I have an emphysema claim?

If you have been injured in the last three years and someone else was to blame, then we can help you make a compensation claim.

Do I have a claim?

What is emphysema?

Emphysema is a condition that is caused by irritants that are airborne, some industrial processes, and smoking. It can take years to develop, so it can be difficult to identify the cause of emphysema. Sufferers initially experience an exacerbation of existing conditions such as asthma, as well as the production of phlegm, coughing and ?flu like symptoms.

Unfortunately, there is no cure for emphysema. In addition, it is known as a ?progressive' illness, which means that sufferers tend to notice their symptoms getting worse over time. The condition causes difficulty breathing, which can be relatively moderate at first. However, people who suffer from COPD can find themselves having extreme breathing problems that drastically impact their quality of life.

Emphysema can affect the quality of a person's life in several different ways. Physically, the difficulty with breathing makes any form of exertion extremely difficult. Tasks such as climbing the stairs or performing household tasks such as washing the dishes can be very challenging for sufferers of COPD. The consequences of this can be that you need help in the home or with caring for yourself. Some people require specialist equipment to help them breathe. Depression and anxiety can be unfortunate by products of these consequences.

Can you pursue a claim against my employers for COPD?

If you are suffering from emphysema because, for example, you previously worked in a coal mine, and you can prove this, it is likely that you will have a case for compensation. Thousands of former coal miners have claimed compensation because of both the environment in which they were working and the negligence of their employers.

How can you prove that COPD was caused by negligence within the working environment?

The Quittance panel of solicitors are experts at dealing with cases involving industrial illness, and can help you to compile all the evidence you need for a successful claim. The first step in the process is to prove that you worked for the particular employer against whom you are making the claim. As emphysema can take many years to develop, records of your employment may be misplaced or lost.

You can prove your employment by offering documents such as payslips, service award certificates, proof of tax and National Insurance contributions, or training certificates. Any documentation that clearly demonstrates that you have worked for the organisation can be useful in strengthening your case.

If you are pursuing a claim for compensation for lung disease caused by your working conditions, you will be required to answer a series of questions about your working practices (including any preventative measures taken such as respirators), medical history and smoking history. In order to give yourself the best chance if success, it is important to answer all the questions as honestly as possible.

The Quittance panel can advise you on how likely you are to win your case, and how much you could be awarded.

How much compensation can I claim for a emphysema?

How much can I claim?

Recommendations for general damages awards are made by the Judicial College in their guidelines for personal injury awards. Compensation is based on the nature and seriousness of an injury and are set out in the form of minimum and maximum amounts for a given injury.

These guidelines are not legally binding, allowing for special cases, their use in Court is commonplace and most insurers and solicitors will refer to the guidelines when calculating compensation for an accident or illness.

Damage to personal possessions, travel expenses (such as to hospital appointments) and the cost of treatment can generally be compensated. These are referred to as special damages.

How to make a no win - no fee emphysema claim with Quittance

A no win no fee contract (more correctly known as a CFA or Conditional Fee Agreement) is put in place between the claimant and a PI solicitor.

The no win no fee agreement is basically the terms and conditions under which the solicitor is instructed by the claimant.

The agreement details what the lawyers will do and how they will be rewarded if the compensation claim is ultimately successful.

If you instruct Quittance Personal Injury for your emphysema claim there are no additional fees , no up-front fees and the peace of mind that you will not be financially out of pocket.

Meet the QLS team

Quittance Legal Services' nationwide panel of solicitors handle all types of personal injury claims, including fast track, complex and serious injury claims. Selected for their success rate in winning claims, our solicitors have years of dedicated experience.

Click here to meet more of the Quittance Legal Services team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Jonathan Speight, Senior litigator

About the author

Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).

Read more about this Quittance Legal Expert