1. What Is COPD?
COPD (Chronic Obstructive Pulmonary Disease) is a serious lung condition that causes long-term breathing problems. It includes diseases like:
- Chronic bronchitis
- Emphysema
While smoking is a major cause, workplace exposure to dust, fumes, chemicals, or asbestos can also trigger or worsen COPD—making a compensation claim possible.
2. Can You Claim for COPD?
Yes, you can claim compensation if:
- Your COPD was caused or made worse by exposure at work.
- Your employer failed to protect you properly (e.g., lack of ventilation, no protective equipment).
- The diagnosis happened within the last three years, or you only recently discovered the link between your COPD and your job.
Workers commonly affected include those in construction, mining, manufacturing, agriculture, shipbuilding, and factory environments.
3. Common Workplace Causes of COPD
- Breathing in silica dust, asbestos, or coal dust
- Exposure to welding fumes or industrial chemicals
- Inadequate ventilation systems
- Poor or missing respiratory protective equipment (RPE)
- Working without proper health surveillance
Employers are legally obligated under the Control of Substances Hazardous to Health (COSHH) Regulations to protect workers.
4. What Can You Claim for in a COPD Case?
A COPD compensation claim can cover:
- General damages:
- Pain and suffering
- Loss of quality of life
- Psychological distress
- Special damages:
- Medical treatment and medication costs
- Lost earnings (past and future)
- Reduced earning capacity
- Travel expenses for hospital visits
- Care and support costs
- Home adaptations (if mobility is affected)
If you can no longer work or need permanent care, compensation amounts will be significantly higher.
5. How Much Compensation Could You Receive?
Compensation varies depending on:
- Severity of the disease
- Age and impact on lifestyle
- Loss of earnings
Typical COPD compensation ranges:
- Mild COPD: £5,000 – £15,000
- Moderate COPD affecting daily activities: £15,000 – £40,000
- Severe COPD with serious disability: £40,000 – £90,000+
Additional special damages for loss of earnings, care, and treatment can push payouts even higher.
6. How to Start a COPD Compensation Claim
- Get a medical diagnosis – Confirm COPD and its potential causes.
- Gather work history – List jobs where you were exposed to harmful substances.
- Consult a specialist solicitor – Preferably one experienced in industrial disease claims.
- Undergo independent medical assessments arranged by your solicitor.
- Submit the claim – Typically to your former employer’s insurer.
Most solicitors work on a no win no fee basis, so there’s no upfront cost to start.
7. What If Your Employer No Longer Exists?
You can still claim. Solicitors can trace historical insurance policies even if your employer has gone out of business. Compensation would be paid through the former insurer.
8. Can You Claim Industrial Injuries Disablement Benefit (IIDB)?
Yes. If your COPD is linked to specific work types (like mining, construction, or shipbuilding), you might be eligible for IIDB, a government benefit paid alongside any personal injury compensation.
9. Time Limits for COPD Claims
Generally, you must claim within three years of:
- Diagnosis, or
- Discovering the link between your illness and your work
It’s crucial to act fast to preserve your rights and gather evidence while it’s still available.
10. Why Use a Solicitor for a COPD Claim?
A solicitor will:
- Prove negligence by your employer
- Secure expert medical evidence
- Calculate and maximise your compensation
- Handle negotiations with insurers
- Represent you if court action is necessary
Given the complexities of industrial disease claims, expert legal advice is essential for success.
Frequently Asked Questions
Q1: Can I claim if I was partly responsible (e.g., smoking)?
A: Yes. Compensation may be reduced, but workplace exposure can still be a valid cause.
Q2: Can I claim on behalf of a deceased family member?
A: Yes. If they passed away from COPD caused by workplace exposure, dependents can claim.
Q3: Is there financial help available while I wait for compensation?
A: Yes. You may apply for benefits like IIDB or Personal Independence Payment (PIP).
Q4: Do I need proof of exposure?
A: Detailed work history, witness statements, and expert reports help establish exposure.
Q5: What if I was self-employed?
A: You may still claim if exposure occurred due to another company’s negligence (e.g., contractors).
Q6: Will I have to go to court?
A: Most COPD claims are settled out of court. Court proceedings are a last resort.
Conclusion
If you developed COPD due to unsafe working conditions, you have the right to seek compensation for your suffering and financial losses. Starting a COPD compensation claim with the help of an expert solicitor ensures your case is handled properly and gives you the best chance of securing the support you deserve. Don’t delay—take action today to protect your future.
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