Key advice when claiming for lung disease
- Compensation payouts can vary from £2,450 for mild, short-term breathing difficulties to over £150,000 for very serious and life-changing lung disease.
- Employers owe a duty of care to protect workers from the risk of respiratory injury and illness, by managing exposure to asbestos, silica dust and other harmful chemicals, and by providing suitable masks and other PPE.
- You can claim if your lung disease was caused by the negligence of your employer, or the owner or operator of a public place.
- You can also claim if a medical mistake lead caused your lung disease,or worsened your symptoms.
- You must start a claim within 3 years from the date you learned your illness was caused by someone else's negligence.
- Compensation varies according to the severity of your symptoms, and the impact on your life and work. You can also claim for lost earnings and expenses. Use our compensation calculator to estimate your claim.
- You can make a no win, no fee claim.
If a respiratory disease has set you back, we can help you claim compensation
Lung disease can severely impact your health, making it difficult to breathe, work, and live your daily life comfortably. Conditions such as asbestosis, chronic obstructive pulmonary disease (COPD), and silicosis are often linked to prolonged exposure to harmful substances like asbestos, dust, or toxic fumes, particularly in the workplace.
If you’ve been diagnosed with a lung disease due to unsafe working conditions, environmental exposure or medical negligence, we can help you seek the compensation you deserve. Your solicitor will help you claim No Win, No Fee compensation to cover your medical expenses, lost earnings, and rehabilitation costs, so you can focus on our recovery
With 250,000 admissions for respiration conditions each year, you are not alone
Lung disease, or respiratory disease, encompasses a range of disorders affecting the lungs - from asthma and infections such as pneumonia to chronic obstructive pulmonary disease (COPD) and cancer.
The NHS admitted 360,468 patients with respiratory infections, and 329,415 with respiratory diseases and chronic conditions in 2022-23 (digital.nhs.uk).
Compensation claims for lung disease typically involve chronic respiratory disorders brought on by hazardous work environments through exposure to harmful dust or chemicals. In many cases, a worker's injuries could have been avoided if their employer had adequately managed the risks.
If you have developed a respiratory disease because of your job role or working conditions, you may be able to claim compensation.
How much compensation can I claim for respiratory or lung disease?
Compensation for respiratory or lung disease will vary depending on:
- how severe your illness is,
- how your illness impacts both your daily life and your ability to work,
- any direct financial losses or expenses resulting from your illness.
Respiratory disease
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, special damages can cover any care costs and medical procedures you need, such as inhalers, oxygen therapy, medication and pulmonary rehabilitation.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average respiratory and lung disease general damages compensation table
The following respiratory and lung disease 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).
Asbestos-related disease
| Severity | Example | Amount |
|---|---|---|
| Asbestosis and pleural thickening | Low respiratory disability (1% to 10% attributable to asbestos) | £16,750 to £39,380 |
| Asbestosis and pleural thickening | Significant respiratory disability with progressive symptoms of breathlessness | £39,380 to £117,430 |
| Lung cancer | £77,690 to £107,990 | |
| Mesothelioma | Causing severe pain and reduced quality of life | £70,620 to £126,980 |
Asthma & breathing difficulty
| Severity | Example | Amount |
|---|---|---|
| Mild | Mild asthma, bronchitis, colds, & chest problems that resolve within months | Up to £5,710 |
| Modest | Relatively mild asthma-like symptoms | £11,810 to £21,300 |
| Bronchitis/Wheezing | Bronchitis and wheezing that affects your work and social life | £21,300 to £29,170 |
| Chronic | Chronic asthma that causes breathing difficulties and you require an inhaler from time to time | £29,170 to £47,720 |
| Severe | Severe and permanent disabling asthma, and/or prolonged and regular coughing that affects your daily life and ability to work | £47,770 to £72,950 |
Lung disease
| Severity | Example | Amount |
|---|---|---|
| Temporary aggravation of bronchitis | Temporary aggravation of existing bronchitis or other chest problems, with recovery in a few months | £2,450 to £5,910 |
| Slight breathlessness | Slight breathlessness with no effect on your working life, with full recovery expected within a few years likely | £11,810 to £23,070 |
| Bronchitis and wheezing | Bronchitis and wheezing with little or no impact on your work or social life | £23,070 to £34,740 |
| Breathing difficulties | Breathing difficulties and/or asthma that requires frequent use of an inhaler, and that affects your daily life and ability to work | £34,740 to £60,840 |
| Lung disease | Emphysema and other lung conditions with symptoms including difficulty breathing and impaired lung function that affects your life and work | £60,810 to £77,690 |
| Lung cancer | Typically in an older person, causing severe pain, reduced lung function and lower quality of life | £77,690 to £107,990 |
| Severe lung disease | Typically affecting a younger person, leading to a reduced life expectancy and quality of life | £111,680 to £150,780 |
Understanding work-related respiratory disease
Work-related lung disease can affect any employee carrying out their duties in an environment where certain hazardous substances - such as dusts and chemicals - are present. Some of the most susceptible industries include mining, manufacturing, construction and farming.
Exposure can happen over a period of many years, or short-lived but intense enough exposure to cause someone to develop a lung condition. Factors which heighten exposure include confined spaces, insufficient ventilation and inadequate protective equipment.
The Health and Safety Executive (HSE) have identified (using figures by THOR-SWORD and IIDB) some of the top causes of for lung disease:
Asthma
Work-related asthma can develop following exposure to a very wide range of substances, including:
- Isocyanates;
- Flour/grain dust;
- Wood dust;
- Welding dust;
- Latex dust.
Read more:
COPD (which includes chronic bronchitis and emphysema)
Exposure to many potentially-harmful particles can cause COPD, including: Coal dust; welding fumes; cotton dust; flour dust; wood dust; silica; isocyanates, cadmium, vanadium, and polycyclic aromatic hydrocarbons
Read more:
Lung cancer
Occupational lung cancer can be caused following exposure to numerous toxic and harmful substances, including asbestos fibres, silica dust or diesel engine exhaust fumes.
Read more:
Lung cancer compensation claims
Pneumoconiosis and Silicosis
Asbestos, coal dust and silica can all cause pneumoconiosis and silicosis.
Read more:
Pneumoconiosis and Silicosis compensation claims
Farmer's lung
Dust or spores from mouldy hay, grain and straw are a common cause of farmer's lung and related respiratory conditions.
Read more:
Farmer's lung compensation claims
What lung disease symptoms can I claim for?
You can claim for any and all symptoms associated with your lung condition that cause you pain and suffering, and that affect your daily life.
Symptoms can range from restricted breathing and persistent coughs to mucus secretions, wheezing and chest tightness. Depending on the disorder they can also be severely debilitating and even life-threatening.
Some diseases, such as COPD, is a long-latency disease, meaning symptoms tend to develop years after first exposure, often becoming manifest in later life.
Your solicitor will arrange for a medical assessment to work out how your symptoms have affected your life and ability to work. They will also assess how your condition could worsen in the future, to ensure you receive the full compensation you are eligible to claim.
Read more:
What happens during an injury claim medical assessment?
How do I prove my employer was responsible for my lung condition?
Whether your employer has knowingly or unknowingly exposed employees to harmful substances and they have suffered lung disease as a result, your employer could be held liable.
Employers have a legal responsibility to reasonably ensure that employees do not come to harm. This ‘duty of care' extends through a number of legal regulations which govern the health and safety of a workplace.
If your employee fails to follow their legal duty, they may be negligent and therefore liable for your injuries.
Your solicitor will gather evidence to prove your employer's negligence. This evidence can take the form of medical reports and prognosis, company records and witness accounts.
Occupational lung disease regulations
One of the most relevant to lung disease compensation claims is The Control of Substances Hazardous to Health Regulations 2002. These regulations require to employer to:
- Carry out an assessment of hazardous substances, including their risk to health
- Take steps to adequately control exposure where prevention is not possible
- Inform staff on the risks and review procedures
- Control exposure and use controlling methods such as installing extractor fans
- Provide personal protective equipment (PPE) such as breathing masks
Other relevant legal statutes include the Health and Safety at Work etc. Act 1974; the Personal Protective Equipment at Work Regulations (PPE); Control of Asbestos Regulations 2012.
Should I make a claim for lung disease?
Making a compensation claim for lung disease can be a lengthy process. Although the prospect of it can be a worrying, with the right legal advice, it need not be. Your solicitor will handle all the complexities, and ensure you receive fair compensation for the harm you have suffered.
Quittance's panel of specialist injury solicitors have a wealth of experience in compensation claims resulting from employer negligence. They offer guidance through every step to help achieve a realistic pay-out to cover pain and suffering, medical fees and rehabilitation costs.
What factors affect the respiratory disease claims process?
How your respiratory illness developed will affect your claim. Click the icons below for details.
Can I make a no win, no fee respiratory disease claim?
Yes. With no win, no fee, you can claim respiratory disease compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
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or arrange a callbackAuthor:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.