I want to know if I am entitled to occupational bronchitis compensation since my doctor says my bronchitis was probably caused by using ammonia at work. Can I make a claim?
It is possible to claim occupational bronchitis compensation provided that your disease was caused by your employer’s negligence. You must be able to prove that exposure to ammonia happened in your work environment in a quantity large enough to generate a case of bronchitis and that your affliction is severe enough to justify a claim for compensation. It must be noted that compensation claims for occupational bronchitis can be made only when your employer has breached his or her duty of care to you and that you sustained your injury as a direct result of your employer’s negligence.
In order to claim occupational bronchitis compensation it must be determined that your bronchitis was caused in the workplace. Your claim will be affected by your general state of health and other factors will be considered, such as whether you are – or have been – a smoker, as you may be more prone to developing the disease. If you are a smoker, claiming occupational bronchitis compensation will be particularly complex. By engaging a solicitor who can arrange for a medical expert to examine you and establish that ‘on the balance of probabilities’ you developed occupational bronchitis due to the inhalation of ammonia at work, there is a high likelihood of you being able to successfully claim compensation.
An employer has to administer regular risk assessments on whether potential hazardous chemicals are necessary or if safer alternatives can be used. Cost is often a major element in an employer’s decisions over what chemicals to use and in many instances employers make choices on what chemicals to use for a particular job without giving proper thought to safer substitutes or to the environment in which they are used. Cost saving should never place the health of their employees at risk, however, and if unsuitable chemicals have been used, your employer may have been negligent and – if so -will be deemed liable in any compensation claims for occupational bronchitis which result.
Additionally, a build-up of fumes is possible when chemicals are used in areas which are poorly ventilated and a failure to supply appropriate personal protective equipment are also relevant grounds for making occupational bronchitis compensation claims.
Due to the complex nature of occupation bronchitis compensation claims, you would be well advised in discussing your own individual circumstances with a personal injury solicitor who can advise on whether you have a viable claim and would be of invaluable assistance in proving the negligence of the responsible party.