Emphysema Claims

Our specialist solicitors have a proven track record in managing emphysema claims and helping workers suffering from chronic lung conditions secure the financial support they need.

We offer a free consultation and claim assessment, so speak to our industrial disease solicitors today.
No win no fee policy
Regulated by Solicitors Regulation Authority (SRA)

Emphysema is a debilitating and progressive lung disease that makes every breath a struggle. While often associated with smoking, a significant number of cases are caused or made significantly worse by breathing in dangerous dust, fumes, or chemicals at work. If your health has been ruined by your working environment, you may be entitled to compensation for occupational lung disease to cover your care costs and lost quality of life.

The impact of respiratory illness is vast. The Health and Safety Executive (HSE) estimates that around 15% of all COPD cases (including emphysema) are work-related. This means thousands of UK workers are suffering needlessly because their employers failed to protect them from hazardous substances.

Living with emphysema changes everything. Simple tasks like walking up stairs or playing with grandchildren become impossible. You may require oxygen therapy or mobility aids.

You have a right to breathe safe air at work. If your employer failed to provide extraction systems or protective masks, they may be responsible for your condition. Our specialist solicitors can help you claim the settlement you need to make life more comfortable.

Understanding emphysema and liability

An emphysema claim is a legal action taken against a current or former employer for negligence that contributed to your lung disease.

Emphysema involves the destruction of the air sacs (alveoli) in the lungs. It is a form of Chronic Obstructive Pulmonary Disease (COPD).

Employers are bound by the Control of Substances Hazardous to Health Regulations 2002 (COSHH). This law requires them to identify hazardous substances like dust or fumes, control exposure using extractor fans or water suppression, and provide Respiratory Protective Equipment (RPE) like masks.

If they breached these duties, even if the exposure happened 20 or 30 years ago, they are liable for the damage to your lungs.

If you are unsure if your condition is work-related, contact us. We work with medical experts who can pinpoint the cause of your illness.

Common causes of occupational lung disease

We handle cases involving long-term exposure to various industrial irritants. The most common causes include:

Coal dust: Miners and coal workers are at high risk. This is often linked to “Black Lung” or pneumoconiosis.
Silica dust (Respirable crystalline silica): Found in stone, concrete, and brick. Stonemasons and construction workers are frequently affected.
Cadmium fumes: Often affect welders or workers in battery manufacturing.
Welding Fumes: Recent HSE updates classify mild steel welding fume as a carcinogen, but it is also a potent cause of COPD.
Flour dust: A major hazard for bakers and food production workers.
Chemical vapours: Solvents, isocyanates, and cleaning agents; used in factories and spray painting.

Exposure to these substances is a key factor in many industrial diseases.

Can I claim if I was a smoker?

Yes. This is the most common question we receive.

Many people assume that if they smoked, they cannot seek legal redress. This is incorrect.

While smoking is a major cause of emphysema, the law recognises that your condition can have multiple causes. If we can prove that your workplace exposure made a “material contribution” to your illness, meaning it made it worse or brought it on earlier than it would have occurred otherwise, you can still claim.

In these cases, the compensation might be split or “apportioned,” but you can still receive a significant payout to help with your care. Do not let your smoking history stop you from seeking justice for unsafe working conditions.

Am I eligible to make a claim?

Respiratory claims are different from accident claims because the symptoms develop slowly. You may be eligible if you meet these criteria:

You have a diagnosis: You have been diagnosed with Emphysema, COPD, or “Chronic Bronchitis” by a doctor.
You had exposure: You worked in a dusty or fumed environment even decades ago.
The “Date of Knowledge”: You are starting your claim within 3 years of linking your illness to your work. This means the 3-year clock starts from when you realised work caused it, not from when you stopped working.

Use our free online Claim Checker to see if you qualify.

How much compensation for Emphysema?

Compensation reflects the severity of the breathing difficulty and its impact on your life. We calculate:

General damages: For the pain, suffering, and loss of amenity (quality of life).
- Minor cases (breathlessness on heavy exertion): Can range from £5,000 to £15,000.
- Severe cases (requiring oxygen, limited mobility): Can range from £50,000 to over £100,000.
Special damages: To cover financial costs, including:
- Loss of earnings: If you had to retire early due to ill health.
- Care costs: If you need help with washing, dressing, or housework.
- Medical equipment: Costs for portable oxygen concentrators, stairlifts, or mobility scooters.
- Garden/Home maintenance: If you can no longer maintain your property yourself.

Funding your claim (No Win No Fee)

We handle all industrial disease cases on a No Win No Fee basis. This means there is zero financial risk to you. You will not pay any upfront fees to start the investigation. If your claim is unsuccessful, you won’t pay us a penny.

Why choose Claim Time Solicitors?

Tracing defunct employers: We use the Employers’ Liability Tracing Office (ELTO) database to find the insurers of companies that went bust decades ago. If the insurer exists, your claim is valid.

Specialist medical evidence: Our respiratory consultants provide the specific medical proof needed to link your condition to workplace dust rather than just age or smoking.

Comprehensive support: We handle the complex legal admin and can signpost you to state benefits like the Industrial Injuries Disablement Benefit (IIDB) so you can focus on your health.

Contact our respiratory claim experts

If you are struggling for breath because of your past work, you have every right to ask for support. We’re here to help you get it.

Emphysema claims are a key part of our Industrial Disease Claims service.

Speak to our expert solicitors for a free, no-obligation assessment of your claim.

Other Services

Road Traffic Accidents

Accident at Work

Slips and Trips

Medical Negligence

Sports-Related Injuries

Product Liability

Public Liability

Industrial Disease

FAQs

My employer provided masks, but they were dusty or useless. Can I claim?

Yes. Providing a mask isn’t enough. It must be the right type with the correct filter rating, fit-tested to your face, and regularly replaced. If your employer gave you a cheap paper mask for dangerous chemical work, they likely breached safety regulations.

The company I worked for in the 1980s has closed down. Is it too late?

No. We claim against the insurance policy that was in place at the time you were exposed. As long as we can trace the insurer, the status of the company today doesn’t matter.

Can I claim for passive smoking at work?

While less common now due to the smoking ban, historical claims for passive smoking are difficult but possible if the exposure was significant and unavoidable. However, most successful emphysema claims relate to industrial dust and fumes.

How much does it cost to make a new claim?

We handle all emphysema claims on a No Win No Fee basis. This means there is no financial risk to you. There are no upfront fees. If we win your claim, we are paid a pre-agreed percentage of the compensation you receive. If your claim is unsuccessful, you pay us nothing.

Challenges faced by claimants?

Our professional team of solicitors will help you overcome the challenges you face in claiming compensation.

Making workplace accidents compensation claim could be a gruelling task. It demands a lot of patience and is time consuming.

Some key challenges faced by claimants are:

Lack of proper tangible evidence

Denial from employer’s side

Authentic medical evidence, complex medical assessments

Time limit as the claimant can only make a compensation claim within 3 years of the accident

Exhausting long legal procedures

Mental and physical stress

How we can help

The consequences of accidents at work can be drastic. You could be dealing with multiple parties at once. There is an essential need for guidance in such situations so that you can get what you deserve. Claim Solicitors specialises in accident at work claims. Get in touch today and get a free consultation now.

By providing expert guidance

Our team of solicitors make sure you are fully aware of your rights and are well informed at every step... of the legal process. We at Claim Time Solicitors deal with all the critical paperwork on your behalf, meeting all the deadlines and assisting you throughout with a positive approach.

In depth investigation

We conduct a complete examination of the case and dig deep into the case to get the insights... of it and understand the circumstances that led to the accident at work. Our aim is to hold the responsible party accountable for the mishap and create a strong, compelling case on your behalf.

Negotiation and settlement

Our qualified negotiators will play a major role in the settlement process. Our injury at work solici...tors will engage with the insurance company of the employer and make sure you receive your rightful compensation which would cover all your monetary loses that you have incurred.

Client-centered approach

Our priority is our client's well-being, and we work seamlessly to attain success and get you the... justice you deserve. We acknowledge the mental, physical and financial stress our clients go through during the complex legal process. We are here to provide you with assistance and help you claim maximum compensation. Our team of solicitors try their best to contribute to the success of your case in the best possible manner.

Emphysema Claims

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