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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.

A common worry

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.

Around 15%

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

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.

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.

A claim can include
  • 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.

A claim after a death can cover
  • The pain and suffering your relative experienced
  • Financial support the family has lost
  • Funeral and related costs
For families

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.

What You Need

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.

Your work history
Where you worked, the jobs you did and what you were exposed to. An HMRC employment record can help fill in the dates.
The employer's insurer
Even if the company has closed, the claim is against the insurer at the time. We use the Employers' Liability Tracing Office (ELTO) to find it.
Medical evidence
Your GP and hospital records, and a report from an independent respiratory consultant on the cause and severity.
Witnesses
Former colleagues who can describe the conditions and the lack of protection can be a real help.

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.

Office desk with legal documents, folders, a clipboard, laptop, magnifying glass, and stationery arranged for document review and case preparation.
1
We talk through your work history and advise on your options.
2
We trace the employer's insurer and arrange a medical report.
3
We put the case to the insurer and deal with them for you.
4
We work towards a fair settlement and keep you updated throughout.
Risk Free

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.

Got Questions?

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.

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.

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.

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.

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.

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.

Can't Talk Right Now?

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.

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    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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