Written by Howard Willis Edited by Chris Salmon Share:

If a passive smoking injury has set you back, we'll help you move forward

Although smoking indoors in public spaces has been illegal since 2007, long-term health issues from passive smoking exposure before the ban, in environments without adequate smoke-free regulations, may still lead to compensation claims.

If your life, or the life of a loved one, has been affected by cigarette smoke, we can help. You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

The risks of second-hand smoke

Around 2 million children are estimated to be regularly exposed to second hand smoke (SHS) in the home in the UK (ash.org.uk).

Second-hand or passive smoking may carry the same risks as smoking itself (nhs.uk). Although less smoke is inhaled, toxins can still enter the lungs.

Non-smokers should avoid spending time in a smoky atmosphere to avoid developing health problems, but people whose jobs require them to work around smokers may find it difficult or impossible to avoid cigarette smoke completely.

If a non-smoker develops any of the illnesses, diseases or complaints associated with tobacco smoke because of their working conditions, they may be able to claim compensation from their employers.

If you decide to make a passive smoking claim, your work illness 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 lung cancer symptoms and treatment, visit: lung cancer (nhs.uk).

How much compensation can I claim for passive smoking-related illness?

Compensation for an illness caused by passive smoking is based on:

  • how serious the illness is,
  • the disruption caused by your illness to your daily life and work,
  • any expenses or financial setbacks caused by your illness.

Passive smoking compensation calculator

Find out how much compensation you could claim in just a few minutes. Check your legal eligibility and see if you qualify for a No Win, No Fee claim.

Updated October 2024 Compensation Calculator v3.1

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 income, including future loss of income, special damages can cover any care costs and medical procedures you need, such as respiratory treatments.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average passive smoking general damages compensation table

The following passive smoking 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

Example Amount
Mild asthma, bronchitis, colds, & chest problems that resolve within months Up to £5,710
Relatively mild asthma-like symptoms £11,810 to £21,300
Bronchitis and wheezing that affects your work and social life £21,300 to £29,170
Chronic asthma that causes breathing difficulties and you require an inhaler from time to time £29,170 to £47,720
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

Example Amount
Temporary aggravation of existing bronchitis or other chest problems, with recovery in a few months £2,450 to £5,910
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 with little or no impact on your work or social life £23,070 to £34,740
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
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
Typically in an older person, causing severe pain, reduced lung function and lower quality of life £77,690 to £107,990
Typically affecting a younger person, leading to a reduced life expectancy and quality of life £111,680 to £150,780

Am I eligible for passive smoking compensation?

You should be entitled to passive smoking compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to make a passive smoking illness claim?

In most cases, you have up to 3 years from the date of your accident or injury to start a claim.

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.

Illnesses associated with secondary smoking

Lung cancer is the most well-known, but smoking has been linked to many other cancers. Quittance's panel of solicitors have represented clients suffering from respiratory conditions such as emphysema, pneumonia and bronchitis.

As well as compromising the immune system, reducing resistance to colds, flu and infections, inhaling tobacco smoke is also linked to impotence, infertility, heart disease, stroke, stomach ulcers and chronic obstructive pulmonary disease (COPD).

Read more:

NHS Secondary Smoking (nhs.uk)

What about the ban on smoking in public places?

Prior to the ban on smoking in most indoor public places in 2007, there were many instances where people were exposed to second-hand cigarette or cigar smoke at their place of work.

Waiters, waitresses and bar staff are typical examples. Although the incidence of exposure to second-hand smoke in the workplace is virtually nil since the implementation of the smoking ban, some people may still be developing health problems as a result of previous exposure.

In addition, there are still a number of workplaces where smoking is still permitted, such as residential homes, care homes and prisons. Staff such as care assistants, nurses and prison officers may still be exposed to second-hand smoke and may suffer ill health as a consequence.

See also:

Public place injury claims

Claiming compensation for a pub or bar injury

Where were you exposed to passive smoking?

Passive smoking claims are often categorised as employers' liability or occupiers' liability claims. Click on the icons below for more information:

Work accidents icon Work accidents Other accidents icon Other accidents

Can I make a no win, no fee passive smoking claim?

Yes. With no win, no fee, you can claim passive smoking 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.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to a workplace illness specialist about your claim?

  • Calls are FREE
  • Confidential consultation
  • No obligation to claim
  • No Win No Fee solicitors

Call 0800 376 1001

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or arrange a callback

Sources

(reviewed: 30/07/2024)

(reviewed: 27/07/2024)

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor