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Thompsons Solicitors
Occupational Asthma Caused by Latex
If you or a member of your family is suffering from occupational asthma due to the negligence of your employer or someone else, it is possible that our specialist personal injury lawyers could help you to claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
What is Occupational Asthma?
Asthma Caused by Latex
Occupational Asthma Compensation
Our Industrial Disease Lawyers
What is Occupational Asthma?
Asthma is an inflammatory condition that affects the airways following exposure to an irritant which causes the airways to constrict and leads to breathing difficulties. Symptoms include wheezing, shortness of breath and tightness in the chest. Around 10 percent of asthma cases in adult sufferers can be attributed to working conditions.
Occupational asthma is caused by exposure to irritants in the workplace resulting in an aggravation of pre-existing or underlying asthma. Repeated exposure to a substance can make the sufferer much more sensitive and cause attacks.
Occupational asthma can become chronic (i.e. it continues even after exposure to the irritant has stopped) if it is left untreated for a long enough period. You should seek immediate medical advice if you believe that you have been affected.
Asthma Caused by Latex
Natural rubber latex is found in various products, most notably in the gloves worn by healthcare workers, hairdressers and cleaners. Powdered gloves are the most likely to cause occupational asthma, as the powder can be inhaled when the gloves are removed.
Regular contact with natural rubber latex can cause latex allergy or hypersensitivity and lead to the development of asthma. Early detection and treatment of occupational asthma can result in a full recovery, so it is important to seek medical advice at the earliest opportunity if you believe that you may have been affected.
Employers have a responsibility to protect their employees from exposure to health hazards. There are regulations in place which employers have to comply with known as the COSHH, or Control of Substances Hazardous to Health Regulations 1988. If your employer fails to take sufficient precautions to prevent harm to you and you develop occupational asthma, you may be entitled to make an injury claim for compensation.
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. It is therefore important to seek the advice of a specialist lawyer, who can help you to pursue your claim effectively.
Occupational Asthma Compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the asthma had never occurred. It is important to keep receipts for any expenditure you have related to your condition so that these can be reclaimed.
In serious cases, you may no longer be able to continue in your employment. This can be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.
Our Industrial Disease Lawyers
The Legal Line lawyers are specialists in all areas of personal injury and industrial disease and can therefore provide expert claim advice, guidance and assistance. If you believe that you have developed asthma as a result of exposure to latex, they can assist you in making a compensation claim in respect of the current and future effects that this has on your life and work.
It may also be possible to make a posthumous claim in respect of a relative that has died due to occupational asthma.
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Testimonials
"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."
Charles
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