Emphysema & COPD
Compensation Claims

Key advice when claiming for emphysema and COPD

• Employers owe a duty of care to protect staff from risks associated with harmful substances like silica dust, volatile chemicals or asbestos.
• You can claim if your illness was caused by the negligence of another party, like your employer or a medical professional.
• You can also claim if someone's negligence caused your existing lung condition to get worse (e.g. by a failure to provide PPE, or to properly diagnose and treat your illness).
• Typical payouts can range from £2,450 for temporary bronchitis symptoms to £150,780 for severe lung disease.
• You have up to 3 years from the date you learned of the link between your illness and another party's negligence.
• Your claim can proceed on a no win, no fee basis.
• Your compensation will depend on the seriousness of your injury, and your financial losses and expenses. You can find out how much you can claim with our compensation calculator.

If emphysema, bronchitis or other COPD has set you back, we'll help you move forward

When COPD conditions like emphysema is linked to environmental factors or occupational hazards, you may be entitled to claim compensation. Compensation claims address the cost of healthcare, the possibility of a diminished quality of life, and associated economic losses.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

You are not alone

An estimated 19,000 new work-related cases of lung problems are reported every year (hse.gov.uk).

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.

If you decide to make an emphysema or COPD claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

If you need information on emphysema symptoms and treatment, visit: emphysema (nhs.uk).

How much compensation can I claim for emphysema and COPD?

How much you can claim for emphysema or COPD is based on:

• the nature and severity of your illness,
• the extent to which your illness limits your daily life and working ability,
• any financial impacts or losses resulting from your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for COPD are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages are compensation awarded to cover any financial losses and expenses you incur as a result of your emphysema or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include oxygen therapy, inhalers, pulmonary rehabilitation and medication.

Read more:

A complete list of recoverable losses in a personal injury claim

Average emphysema general damages compensation table

The following emphysema payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Asthma & breathing difficulty

Chest injuries

Lung disease

Do I qualify for emphysema compensation?

Yes, you are entitled to make an injury claim for emphysema and COPD, if:

• you became ill in the last 3 years, and;
• someone else was to blame, and;
• they had a legal responsibility to prevent foreseeable harm.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

Is a claim still possible if I am partly liable?

Ascertaining who is liable for an accident is not always straightforward and can often involve blame on both sides.

In our 2024 Personal Injury Claimant Survey, 13.99% of respondents said they either were unsure of which party was responsible, or believed they were partially responsible for their injuries.

Even if you partly caused the accident or your injuries (refered to as 'contributory negligence'), you may still be entitled to make a claim. These claims can often be settled on the basis of a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long after an emphysema diagnosis do I have to start a claim?

For most injury claims, you have up to 3 years from the date of your injury to start the claims process.

If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.

The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.

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.

See more:

Chronic obstructive pulmonary disease (nhs.uk)

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.

For more information about employers' duties:

Protecting workers from COPD (hse.org.uk)

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 the length of time you worked for the organisation can be useful in strengthening your case.

How the cause of your emphysema impacts the claims process

How you contracted your emphysema impacts the claim process. Click the icons below to explore further.

Work accidents Public places Medical negligence Other accidents

Sources

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.