Emphysema Claims
Check if you can claim compensation
If you developed emphysema or another form of COPD after breathing in dust, fumes or chemicals at work, you may be able to claim compensation, even if you also smoked. We handle emphysema claims on a No Win No Fee basis and will explain your options clearly and gently.
Regulated solicitors
Years' experience
No Win No Fee
Can you claim for occupational emphysema or COPD?
Emphysema is a form of chronic obstructive pulmonary disease (COPD). You may be able to claim if breathing in dust, fumes or chemicals at work caused your condition, or made it worse, and your employer did not protect you as they should have under the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
The usual time limit for emphysema claims is three years, but for a gradual illness the clock starts from the date you knew your condition was linked to your work, not from when you left the job. If you are not sure whether you are in time, our team can
check for you.
Can you claim if you smoked?
Yes, often. Many people assume that a smoking history rules out a claim, but the law recognises that a lung condition can have more than one cause. What matters is whether your work made a “material contribution” to the illness, meaning it helped cause it, made it worse, or brought it on earlier than it otherwise would have.
If it can be shown that unsafe exposure at work played a real part, you may still have a claim, and any smoking history can be taken into account when the claim is valued rather than blocking it outright. Many emphysema claims involve some smoking history, and our solicitors will give you an honest view of where you stand.
of COPD cases, which include emphysema, are estimated by the Health and Safety Executive to be linked to work. A smoking history does not automatically rule out a claim.
Common causes of occupational lung disease
You may be eligible to emphysema claims if your employer failed to protect you from harmful dust, fumes or chemicals.
Dusts
Coal dust in mining, silica dust from stone and construction, and flour dust in bakeries and food production.
Fumes
Welding fumes and cadmium fumes, and exhaust or process fumes in poorly ventilated workplaces.
Chemicals
Solvents, isocyanates in spray painting, and cleaning agents used without proper ventilation or protection.
Most emphysema claims turn on whether the employer controlled that risk. Whatever you were exposed to, if your employer failed to protect you, you may have a claim. Tell us where you worked and we will look into it.
How much compensation for emphysema?
Every claim is different, so it is not possible to promise a figure. Emphysema claims are usually made up of two parts: an amount for the illness itself and its effect on your life, and an amount for the financial losses it has caused.
For the first part, the courts use the Judicial College Guidelines, which set out bracket ranges by how severe the lung damage is. These are guidance, not a promise, and the right figure depends on an independent medical assessment of your condition.
- The illness and its effect on your breathing and daily life
- Lost earnings, including early retirement on health grounds
- Treatment, oxygen equipment and mobility aids
- Care and help at home, and adaptations if needed
Emphysema claims can also sit alongside state support such as Industrial Injuries Disablement Benefit. We can point you in the right direction, and your solicitor will explain what your claim may be worth once the medical evidence is in.
- The pain and suffering your relative experienced
- Financial support the family has lost
- Funeral and related costs
Claiming for a relative who has died
Emphysema claims can still go ahead after a death. If a loved one died from emphysema or another lung disease caused by their work, the family may still be able to bring a claim, through the estate and by dependants, such as a spouse or partner.
We understand this is a painful time, and we handle emphysema claims for families sensitively and at your pace. Time limits still apply, so it helps to talk to us sooner rather than later.
Evidence that supports your claim
Emphysema claims usually rest on your work history and medical evidence. You do not need to have kept records from decades ago, as much of this can be traced for you, even if the employer has closed down.
Worked there decades ago? That does not stop a claim. Exposure from twenty or thirty years ago can still be traced, and the date-of-knowledge rule means the time limit may only have started recently.
No Win No Fee emphysema claims
We handle emphysema claims with no upfront cost to you, so you can start without paying anything. If your claim is unsuccessful, you will not pay a fee for our work, subject to the terms of your agreement.
If your claim succeeds, an agreed success fee is deducted from your compensation. Your solicitor will explain this clearly before you commit to anything.
You will see the full terms in writing before your claim begins.
Frequently Asked Questions
Everything you need to know before starting your claim.
Can I claim if I smoked?
Yes, often. A lung condition can have more than one cause. If it can be shown that unsafe exposure at work made a material contribution, meaning it helped cause your emphysema or made it worse, you may still be able to claim. Any smoking history is usually reflected in how the claim is valued, rather than ruling it out. This is one of the most common questions we hear about emphysema claims.
The company I worked for has closed down. Is it too late?
No, not necessarily. The claim is made against the employer’s liability insurer at the time you were exposed, not the company as it stands today. As long as that insurer can be traced, which we do through the Employers’ Liability Tracing Office (ELTO), the fact the business has closed does not stop a claim. Many emphysema claims are brought long after the exposure has ended.
My employer gave me masks, but they were inadequate. Can I still claim?
Possibly. Providing a mask is not always enough. It has to be the right type for the hazard, fitted properly, and kept in good condition. If you were given a basic paper mask for dangerous dust or chemical work, that may not have met your employer’s duty, and you may still
have a claim.
Can I claim on behalf of a relative who has died?
Yes. If a loved one died from a work-related lung disease, a claim can usually be brought by their estate and by dependants, such as a spouse or partner. It can cover their suffering, financial support the family has lost, and funeral costs. Time limits apply, so it is worth speaking to us as early as you feel able to.
How long do I have to make a claim?
Usually three years, but for a gradual illness the clock starts from the date of knowledge, the point at which you knew your condition was linked to your work, rather than when you left the job. Because that can be recent even if the exposure was long ago, it is always worth checking with us whether you are in time.
Check if you can make a claim
We handle emphysema claims from start to finish, so you do not have to deal with the insurer yourself. Tell us where you worked and what you were exposed to, and we will look into it and get back to you, explaining your options in plain English with no obligation to go ahead.
- Free, no-obligation review
- No Win No Fee available
- SRA-regulated solicitors
Check if you can make a claim
Takes less than 60 seconds
Other claims we handle
Find out where you stand
Emphysema claims usually have a three-year time limit, and it can run from when you first linked your illness to your work, so it is worth checking sooner rather than later. Tell us what happened and we will explain your options clearly, with no obligation to go ahead.
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