How to Make a COPD Claim for Work-Related Illness

Table of Contents

1. What Is a COPD Claim?

A COPD claim refers to seeking compensation for Chronic Obstructive Pulmonary Disease caused by long-term exposure to harmful substances in the workplace.
It includes conditions like:

Chronic bronchitis
Emphysema
Long-term lung damage

These claims usually involve industrial disease cases where employers failed to protect workers from airborne hazards.

2. Who Can Make a COPD Claim?

You may be eligible if:

You were exposed to dust, fumes, chemicals, or airborne irritants at work
Your employer failed to provide protective equipment or adequate ventilation
You worked in industries like mining, construction, manufacturing, or welding
You were diagnosed with COPD by a medical professional

Claims can also be made on behalf of deceased family members.

3. Common Causes of Occupational COPD

COPD in the workplace can result from:

Coal or silica dust inhalation
Asbestos exposure
Welding fumes
Chemical solvents or gas vapours
Prolonged cigarette smoke exposure in enclosed areas

Employers have a legal duty to minimize these risks under health and safety laws.

4. What Can You Claim Compensation For?

If your COPD was caused by negligence, you may claim for:

Pain and suffering
Loss of earnings (past and future)
Medical costs and prescriptions
Specialist care or equipment
Travel expenses for treatment
Reduced quality of life
Loss of pension benefits (in long-term disability cases)

Your solicitor will help identify all losses relevant to your claim.

5. How to Prove a COPD Claim

To succeed, you must prove:

Exposure to harmful substances at work
Breach of duty by your employer
Causation – linking your COPD to the work conditions

Evidence may include:

Employment and medical records
Witness statements
Health and Safety Executive (HSE) reports
Occupational expert analysis

A specialist solicitor will help gather and organise the right documentation.

6. How Long Do You Have to Claim?

You must typically claim within three years of:

Your diagnosis, or
The date you became aware your COPD was linked to your work

In some cases, such as claims for deceased relatives, the clock starts from the date of death or post-mortem results.

7. Do You Need a Solicitor?

COPD claims are complex. A solicitor can:

Confirm whether your case is valid
Obtain medical and industrial expert reports
Handle insurer negotiations
Represent you in court if needed

Most COPD solicitors work on a No Win No Fee basis, so you pay only if your claim succeeds.

8. How Much Compensation Can You Receive?

Compensation amounts vary depending on:

Severity of illness
Impact on life expectancy
Ongoing care needs
Financial and emotional damages

Typical COPD settlements can range from:

Mild cases: £10,000–£25,000
Moderate impairment: £25,000–£60,000
Severe disability or terminal illness: £60,000–£150,000+

Your solicitor will help secure the highest possible award based on evidence.

9. Can You Claim Industrial Injuries Disablement Benefit (IIDB)?

Yes. In addition to compensation, you may qualify for IIDB, a government benefit for work-related illnesses.
To qualify, you must:

Have worked in a prescribed job or industry
Have a confirmed COPD diagnosis
Be assessed for percentage of disability

IIDB does not affect your compensation claim and can provide extra financial support.

Frequently Asked Questions

Q1: Can I claim if I smoked and worked in a dusty environment?
Yes, but your compensation may be reduced for contributory factors like smoking.

Q2: What if I left the job years ago?
You can still claim if the diagnosis or awareness is within the three-year limit.

Q3: Can I claim on behalf of a deceased relative?
Yes. Dependants or the estate may file a claim if COPD contributed to their death.

Q4: Will I need to go to court?
Most claims settle out of court. Your solicitor will handle the process.

Q5: Is compensation taxable?
No. Personal injury compensation is tax-free in the UK.

Q6: Can I get help with medical treatment costs?
Yes. Both compensation and IIDB may cover care and medication expenses.

Conclusion

If your health has been affected by poor workplace conditions, a COPD claim could help you access justice and vital financial support. With expert legal help, you can hold employers accountable and receive the compensation you deserve for your illness, treatment, and lost quality of life.

Martin taggart