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If you or a member of your family is suffering from emphysema caused by working conditions, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
What is Emphysema?
Causes of Occupational Emphysema
Symptoms of Emphysema
Can I Claim Compensation?
Emphysema Compensation
Specialist Industrial Disease Advice
Emphysema is a progressive condition of the lungs, which can not be cured and can be fatal. It has several causes, the most well known of which is smoking, including passive smoking, but another major cause is the inhalation of dust by employees in certain industries.
The air sacs in the lungs react to the dust and enlarge, damaging the walls of the sacs, causing them to become less elastic and resulting in less efficient oxygen absorption. Air can become trapped within the sacs (alveoli), as emphysema can result in the collapse of the tubes that supply them (bronchioles).
It is usually possible to diagnose emphysema by performing lung function tests and CT scans.
Work related emphysema is generally caused by the inhalation of dust over a prolonged period of time. It is most common in former mineworkers but can also occur amongst people that have worked in mills, factories, construction sites and other dusty environments, without sufficient protection.
Some causes of occupational emphysema include:
Initially someone with emphysema may simply suffer from some breathlessness and a persistent cough, however this progresses over time, until most sufferers struggle to breathe and require oxygen apparatus.
Often, emphysema sufferers feel that their lungs are 'over-full', as the condition affects their ability to empty their lungs. In some cases, the sufferer's chest may even become 'barrel' shaped in appearance.
As the body finds it difficult to take in enough oxygen, sufferers will experience fatigue, may lose weight and some can become housebound.
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you used to be able to do before (eg, attend work, take part in physical activities, walk the dog etc). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your illness, so that these can be reclaimed. The aim is to put you back in a position financially as if the emphysema had never developed.
If you or a family member is suffering from emphysema caused by prolonged exposure to large amounts of dust at work, for example in the mining industry, you may be entitled to claim damages. The Legal Line's solicitors can assist you in compiling the necessary information and bringing your compensation claim against the responsible party.