Occupational Asthma Claims
What is it?
Asthma is an inflammatory disease of the lungs characterised by reversible airway obstruction. The airways obstruction or narrowing can result spontaneously or as a result of medical treatment.
There are two types of asthma and these are as follows:-
Irritant Asthma.
Irritants such as volatile acids can cause wheezing and shortness of breath in anyone who inhales them. A severe form of Irritant Induced Asthma is called Reactive Airways Disease Syndrome (RADS).
RADS is a severe form of Irritant Induced Asthma which is caused when the worker is exposed to high levels of airway irritants. The symptoms normally resolve but are followed by continued “reactive airways” that flare up around dust/fumes.
Allergic Asthma.
This is the classical definition of Occupation Asthma. The initial material “sensitises” the worker’s airways and, as with Irritant Asthma full-blown asthma often develops with general exposure to dust/fumes causing symptoms of breathlessness.
Symptoms
The symptoms frequently consist of periodic attacks of wheezing, chest tightness and breathless resulting from constriction of the airways.
In Occupational Asthma, symptoms are normally greatly improved when the worker is removed from the workplace environment (e.g. at weekends or on holiday).
Symptoms do not necessarily arise straightaway, often developing many weeks, months or years later.
Causes.
Some of the occupations carrying the greatest contraction of Occupational Asthma are as follows:
- Soldering;
- Laboratory animal work;
- Spray painting;
- Welding;
- Saw milling;
- Woodworking;
- Curing of epoxy resins.
The following are recognised risk substances:
- grain;
- flour;
- hay;
- soldering flux;
- wood dust;
- glues/resins;
- laboratory animals;
- isocyanates.
The Law
There are several statutory provisions which require employers to take care of the health & safety of their employees. These are as follows:
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985;
- The Control of Substances Hazardous to Health Regulations 1994, 1998 and 2002;
- The Health & Safety at Work Act 1974;
- The Factories Act 1961;
- Personal Protective Equipment at Work Regulations 1992;
- The HSE Occupational Exposure Limits 1998;
A Claimant who establishes a breach of the above regulations has a good prospect of succeeding with a claim. It will also be necessary for the Claimant to prove that the employer had a duty of care to the employee and that the employer knew or ought to have known that by asking for the work to be completed using certain of the aforementioned agents/substances in certain conditions, the employee would be exposed to a foreseeable risk of injury.
Case Studies
Case Study 1
The Claimant, female, aged 52 at the date of trial, worked as a theatre sister for approximately 10 years when she was exposed to Glutaraldehyde, a substance used to sterilise surgical instruments. At trial, she was still suffering from respiratory disability, which had been assessed at 30-40%. It was aggravated by dust, fumes and stress. She was unable to undertake vigorous activity and her sleep was affected by coughing. The pattern after retirement was one of gradual deterioration although she was able to obtain work as a Project Manager with the Salvation Army, with which she was coping.
The court awarded her damages in the sum of £30,000 for her condition.
Case Study 2
The Claimant, female, aged 35 at the date of trial, worked for the Defendants since leaving school. She contracted industrial Asthma caused by exposure to solder flux fumes to which she was sensitised. She had not worked since 1994, some three years after the date of first diagnosis of her condition.
She was awarded £120,477 damages for pain and suffering and future loss of earnings (including her loss of pension).
Case Study 3
The Claimant was a radiographer employed by the Defendant and suffered occupational Asthma caused by exposure to x-ray chemicals. Due to his breathing difficulties he had to take ill health retirement and retrained as an Occupational Therapist, obtaining employment on a two year contract by another health authority.
He was awarded compensation in the sum of £69,247.
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