Lung Disease Compensation Claims
Check if you can claim compensation
If you developed a lung or respiratory disease after breathing in dust, fumes, asbestos or chemicals at work, you may be able to claim compensation, sometimes years after the exposure. We handle lung disease compensation claims on a No Win No Fee basis and will explain your options clearly and gently.
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What is a work-related lung disease claim?
A lung disease compensation claim is a claim for a respiratory illness that was caused, or made worse, by unsafe conditions at work. If your employer exposed you to harmful dust, fumes, asbestos or chemicals and did not protect you as they should have under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), you may be able to claim.
The usual time limit 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.
What causes a lung disease compensation claim?
Most claims come down to whether the employer controlled a known risk.
Dusts and fibres
Asbestos, silica, coal dust, flour dust and textile or wood dust, where extraction and protection were poor.
Fumes and vapours
Welding fumes, chlorine, ammonia, formaldehyde and solvent vapours in poorly ventilated workplaces.
Missing protection
No proper masks or extraction, no risk assessment, or no health monitoring where the law required it.
Whatever you were exposed to, if your employer failed to control the risk you may have a lung disease compensation claim. Tell us where you worked and we will look into it.
Lung conditions we handle claims for
Work-related lung disease covers a range of conditions. These are the ones we see most often.
COPD and emphysema
Long-term exposure to dust, fumes or chemicals can cause or worsen chronic obstructive pulmonary disease, including emphysema and chronic bronchitis. There is more detail on our emphysema and COPD claims page.
Silicosis and pneumoconiosis
Scarring of the lungs caused by breathing in silica dust, coal dust or other mineral dusts, often in construction, stonemasonry, quarrying or mining.
Asbestosis and pleural thickening
Scarring caused by asbestos fibres, usually appearing decades after the exposure. See our asbestos compensation claims page.
Mesothelioma
A cancer of the lining of the lungs linked almost entirely to asbestos. These claims are handled through our mesothelioma claims team.
Occupational asthma
Asthma caused or triggered by flour dust, wood dust, isocyanates, solder fumes or animal proteins at work. See occupational asthma claims.
Pulmonary fibrosis and farmer's lung
Scarring or inflammation of the lung tissue, including hypersensitivity pneumonitis caused by mouldy hay, grain or bird proteins.
Lung cancer from workplace exposure
Asbestos, silica, diesel fumes and some chemicals are recognised causes. Where asbestos was involved, the claim usually runs alongside the routes set out on our asbestos and mesothelioma pages.
Other lung conditions
If your diagnosis is not listed, tell us where you worked and what you breathed in. The question is always the same: did your employer control a known risk.
How much is a lung disease claim worth?
Every lung disease compensation claim is different, so it is not possible to promise a figure. Compensation is 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
You may also be able to claim state support such as Industrial Injuries Disablement Benefit alongside a civil claim. We can point you in the right direction, and your solicitor will explain what your lung disease compensation 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
If a loved one died from a lung disease caused by their work, the family may still be able to bring a lung disease compensation claim, through the estate and by dependants, such as a spouse or partner.
We understand this is a painful time, and we will handle things sensitively and at your pace. Time limits still apply, so it helps to talk to us sooner rather than later.
Industrial Injuries Disablement Benefit and other support
A claim against a former employer is not the only route. Industrial Injuries Disablement Benefit is a government benefit for people who are ill or disabled because of an accident or a disease caused by their work, and it covers more than 70 listed diseases.
The list includes chronic bronchitis and emphysema, described by the Department for Work and Pensions as chronic obstructive pulmonary disease, pneumoconiosis including silicosis and asbestosis, asthma, and primary carcinoma of the lung with asbestosis.
You can apply whether or not you bring a claim against a former employer, and the two run separately. It is not available to people who were self-employed during the exposure.
Eligibility and how to apply are set out on GOV.UK. If you already receive it, tell us when you call. The medical assessment behind it is often useful evidence in a civil claim.
Evidence that supports your claim
A lung disease compensation claim rests 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 lung disease claims
You can start a lung disease compensation claim without paying anything upfront, and there is no financial risk in checking whether you have one. 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 for a lung disease caused by my job?
Yes, if your employer exposed you to harmful dust, fumes, asbestos or chemicals and failed to protect you as the law requires, and that caused or worsened your illness. This covers many conditions, from COPD and emphysema to asbestos disease, silicosis and occupational asthma.
Can I claim compensation for COPD caused by my work?
Yes, this is one of the most common work-related lung claims. COPD covers emphysema and chronic bronchitis, and years of breathing in dust, fumes or chemical vapours can cause it or make it worse. A smoking history does not rule a claim out. Our emphysema and COPD claims page goes through it in more detail.
What benefits can I claim for a lung disease?
Industrial Injuries Disablement Benefit is the main one. It covers more than 70 diseases, including COPD, pneumoconiosis with silicosis and asbestosis, asthma and lung cancer with asbestosis, and you can claim it alongside a civil claim against a former employer. It is not available if you were self-employed during the exposure. GOV.UK sets out how to apply, and we can talk you through how the two fit together.
Can I claim for lung cancer caused by asbestos at work?
Yes. Asbestos is a recognised cause of lung cancer as well as mesothelioma, and silica, diesel fumes and some chemicals are too. Claims like these often start decades after the exposure, and the time limit usually runs from when you learned the illness was linked to your work. If asbestos was involved, our asbestos and mesothelioma pages explain the routes available.
What counts as an occupational lung disease?
It is any lung or respiratory condition caused by exposure at work. Common examples are COPD and emphysema, asbestos-related disease and mesothelioma, silicosis and other pneumoconioses, pulmonary fibrosis, and occupational asthma. If you are not sure which applies, tell us your work history and we can help identify it.
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 illness 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.
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.
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 whether you are in time.
Check if you can make a claim
We handle lung disease compensation claims from start to finish. 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
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Lung disease claims we handle
Find out where you stand
Because the time limit can run from when you first linked your illness to your work, 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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