Occupational Lung Disease Solicitors in Cardiff.

Yes — if your lung disease was caused or materially worsened by exposure to harmful substances at work, and your employer failed to take reasonable steps to protect you, you may have a compensation claim. Employers have had a duty for many decades to control exposure to harmful dusts and fumes, to provide respiratory protection, and to carry out health surveillance. A successful claim compensates for pain, suffering, and disability, loss of earnings, care costs, and other financial losses. Claims can be brought for a wide range of conditions and against current or former employers — including those that have since dissolved. Where a civil claim is not possible, government compensation schemes may provide an alternative route. Taking specialist advice is the essential first step.

The limitation period is three years from the date of knowledge — when you first knew, or ought reasonably to have known, that you had a significant lung condition attributable to your work. For occupational lung diseases, which develop slowly over years, the date of knowledge is frequently much later than the date of exposure — often the date of formal diagnosis. The court also has discretion under section 33 of the Limitation Act 1980 to allow late claims where equitable. Where a person has died from an occupational lung disease, their estate has three years from the date of death to bring a claim. Former miners and industrial workers, and their families, frequently have viable claims relating to employment from decades ago — the date of knowledge provisions mean many are not out of time. Taking advice promptly after diagnosis is strongly recommended.

Compensation depends on the severity of the lung disease, its impact on breathing and quality of life, and the degree to which it is attributable to occupational exposure. General damages for pain, suffering, and loss of amenity are assessed using the Judicial College Guidelines, which provide brackets for different respiratory conditions ranging from relatively minor breathing difficulties to severe, disabling, or fatal lung disease. Special damages cover financial losses including loss of earnings, the cost of care and assistance, treatment costs, and additional heating or housing costs where breathing difficulties require them. Where the condition is partly attributable to smoking or other non-occupational causes, the award reflects the proportion caused by the workplace exposure. Severe and disabling lung diseases can attract substantial awards; fatal cases give rise to claims by the estate and dependants.

Occupational lung diseases are respiratory conditions caused or worsened by breathing in harmful substances at work — including dust, fumes, gases, and vapours. They develop over time through repeated exposure and can be severely disabling or fatal. Common occupational lung diseases include: coal workers' pneumoconiosis (caused by coal dust); silicosis (caused by silica dust); occupational asthma (caused by workplace sensitisers); chronic obstructive pulmonary disease or COPD (caused by various dusts and fumes); and asbestos-related lung conditions. The substances responsible are found across many industries — mining, quarrying, construction, foundries, manufacturing, baking, woodworking, and stonemasonry among them. Employers have long had a legal duty to protect workers from exposure to harmful dusts and fumes, and failure to do so can give rise to a compensation claim.

Employers have long had a legal duty to protect workers from the foreseeable risk of lung disease caused by harmful dusts, fumes, and gases. This duty is reflected in successive regulations — most significantly the Control of Substances Hazardous to Health Regulations (COSHH), which require employers to: assess the risks from hazardous substances; prevent or adequately control exposure, primarily through engineering controls such as ventilation and dust extraction; provide suitable respiratory protective equipment where control measures alone are insufficient; carry out health surveillance for workers exposed to substances known to cause lung disease; and provide information and training about the risks. The duty to control dust exposure pre-dates COSHH and has been recognised at common law for many decades. Failure to comply with these obligations is a common ground of negligence in occupational lung disease claims.

The core evidence for an occupational lung disease claim is: a medical diagnosis from a respiratory consultant, supported by lung function tests, chest imaging, and where relevant a CT scan; a medical expert report attributing the condition to occupational exposure and, where there are other contributing causes such as smoking, apportioning the occupational contribution; a detailed employment history identifying the employers, the substances and dusts encountered, and the duration of exposure; evidence that adequate dust control, respiratory protection, and health surveillance were not provided; and where available, occupational hygiene expert evidence on the levels of exposure. Witness evidence from former colleagues about working conditions and dust levels is valuable. Employment and medical records help establish both the exposure history and the progression of the disease. The medical expert evidence on causation and apportionment is usually central to the outcome.

Several government schemes provide compensation for occupational lung diseases, particularly where a civil claim against an employer is not possible. The Pneumoconiosis etc. (Workers' Compensation) Act 1979 provides lump sum payments to people with certain dust-related diseases — including pneumoconiosis, silicosis, and asbestos-related conditions — where they cannot claim against a former employer because the employer no longer exists. Industrial Injuries Disablement Benefit is a weekly benefit payable to people with prescribed industrial diseases, including many occupational lung diseases, based on the degree of disablement. These schemes can be claimed alongside or instead of a civil claim, though amounts received from one may be taken into account in another to avoid double recovery. A specialist solicitor can advise on which routes apply and how they interact.

Chronic obstructive pulmonary disease (COPD) is a group of lung conditions — including chronic bronchitis and emphysema — that cause breathing difficulties and progressive loss of lung function. While smoking is the most common cause, COPD can also be caused or significantly worsened by occupational exposure to dusts, fumes, and gases — particularly coal dust, silica, cadmium, and other industrial dusts. Work-related COPD claims are an established area, particularly among former coal miners, where the contribution of coal dust to COPD has been recognised. Where a worker was both a smoker and exposed to occupational dust, the claim addresses the proportion of the condition attributable to the workplace exposure. Medical expert evidence is essential to apportion the causes. Compensation is available where occupational exposure made a material contribution to the disease.

Coal workers' pneumoconiosis (CWP) — sometimes called black lung — is a lung disease caused by the inhalation and accumulation of coal dust over time, leading to scarring of the lung tissue and progressive breathlessness. In severe cases it develops into progressive massive fibrosis, a seriously disabling condition. CWP is particularly significant in the former coalfield communities of South Wales and England, where many former miners and their families have been affected. Compensation may be available through a civil claim against the former employer or its insurer, through the Pneumoconiosis etc. (Workers' Compensation) Act 1979 scheme, or through Industrial Injuries Disablement Benefit. The historic British Coal Respiratory Disease Litigation established the framework for many of these claims. Former miners with breathing difficulties should take specialist advice on the options available.

Occupational asthma is asthma caused or made significantly worse by exposure to substances at work — known as respiratory sensitisers. Common causes include: flour and grain dust (affecting bakers); isocyanates (in spray paints and foams); wood dust; latex; solder fumes; and various chemicals and animal proteins. Occupational asthma is one of the most common industrial lung diseases. It can develop suddenly after a period of sensitisation, and in many cases improves or resolves if the worker is removed from exposure early — but can become permanent if exposure continues. A compensation claim may be available where the employer failed to control exposure to known respiratory sensitisers or failed to provide adequate respiratory protection and health surveillance. Early diagnosis and removal from exposure is important both medically and for the strength of any claim.

Silicosis is a serious and irreversible lung disease caused by inhaling fine particles of crystalline silica dust, which scar the lung tissue and cause progressive breathlessness. Workers at risk include those in: stonemasonry and stone cutting; quarrying and mining; construction — particularly cutting, grinding, or drilling concrete, brick, or stone; foundry work; and pottery and ceramics manufacturing. A particular recent concern is the fabrication of artificial stone worktops — engineered stone containing very high levels of silica — which has caused cases of accelerated silicosis in relatively young workers after only a few years of exposure. Silicosis is entirely preventable with proper dust control and respiratory protection, so where a worker develops the condition, it usually indicates a failure by the employer to protect them. Compensation claims are available where employer negligence caused the exposure.