I have recently been diagnosed with asthma and wanted to know if I can make an occupational asthma claim against my employer because I work in an bakery and was informed by an acquaintance that grain and flour can cause asthma.
It should be possible for you to make an occupational asthma claim for compensation if it can be proven that your condition was developed as a direct result of your employer’s negligence. Such claims can often become complicated as establishing negligence may be problematic. This does not restrict the possibility for you to claim compensation for your asthma; however, you would be highly advised to engage a solicitor in order to present the strongest possible case to your employer.
Because it is still relatively rare that a doctor will associate your asthma with your workplace, a lot of work will be required to prepare your occupational asthma claim. Even if a family doctor is conscious of your occupation or asks questions about the nature of your work, the link between your asthma and the workplace may not be made.
Provided that your asthma was indeed caused by your work environment, your personal injury solicitor will arrange for an examination by an expert physician who will assist in proving an association with your work and can establish your employer’s negligence. The extent of your condition will also be evaluated along with any long term implications to your health. The opportunity for receiving your full entitlement to compensation for occupational asthma is increased with a thorough diagnosis made and full details and proof included.
An employer has a duty of care to you to provide you with a safe working environment and that you are not placed at an excessive risk of injury; if a breach in their duty of care is proven, an occupational asthma claim can be made. For example, if rooms where potential causes of occupational asthma are located were not ventilated well enough, your employer could be deemed liable for your condition and compensation for your occupational asthma may be claimed against his or her liability insurance policy. Your solicitor can provide invaluable legal advice about recovering occupational asthma compensation and assembling the strongest possible claim.