Can I still claim compensation for occupational asthma if I can still attend work, even though other people who have contracted the illness have been unable to do their jobs?
A frequent myth surrounding compensation for occupational asthma claims is that the claim can only be made if the illness is so severe that the victim cannot perform their work tasks without difficulty or if they can no longer work at all. It must be noted, therefore, that it is not only whether an injury prevents working or financial outlay that is considered in any personal injury compensation claim but how it affects the victim’s quality of life. Despite still being able to work, you should not have to suffer mentally, financially or physically because of an illness which has been contracted because of your employer’s negligence.
You should be able to claim compensation for occupational asthma for the pain and suffering that has resulted from the illness, but your claim should also include the issue of how your lifestyle has changed because of your condition. It is also important to be adequately compensated for the possibility of the long-term health consequences that are associated with occupational asthma.
Treating occupational asthma can be expensive and drugs and medication which are not available through the Irish healthcare service may be required. You are entitled to get the best possible treatment for your condition and you should not bear the cost if your asthma has been caused by your employer’s lack of care. Since you mention that some work colleagues have also been affected by occupational asthma, it indicates that you have been exposed to an airborne irritant in the workplace. This suggests that your employer has not taken the correct preventative measures to reduce the risk of illness to their staff, therefore he or she may be deemed liable for your condition.
There are a number of steps you should take when attempting to pursue a compensation for occupational asthma claim, including making a record of your diagnosis in your employers Accident Report Book. You would be well advised in seeking the assistance of a personal injury solicitor as soon as practically possible who has experience in handling claims for occupational asthma compensation who can provide invaluable legal advice on building the strongest possible claims and being recompensed for your condition.