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A Guide To Lung Disease Compensation Claims

By Michael Patrick. Last Updated 24th June 2024. Welcome to our online guide where we shall discuss how to make a Lung Disease Compensation Claim. Several different disorders can have an impact on the lungs. This includes everything from cancer and chronic obstructive pulmonary disease (COPD) to pneumonia and asthma. No matter what type of infection or condition you have, there is no denying that any sort of lung problem can cause discomfort and pain, as well as problems with breathing. If you have experienced any sort of lung injury or illness, and you believe it was not your fault, there is a very high chance that you could be entitled compensation.

In most cases, personal injury cases for lung disease will involve chronic respiratory conditions that have been brought on because of the workplace environment. The claimant will usually have been exposed to chemicals or harmful dust, and this has caused them to suffer a lung disease that could have been avoided if their employer had managed the risks sufficiently, as they are meant to.

Nevertheless, if you have suffered a lung injury due to any type of circumstance, be it a workplace incident or not, and it was not your fault, it is your legal right to get the compensation you deserve.

Here at Legal Expert, we have years of experience in the personal injury claims industry. We have helped many people get the compensation they deserve, including those who have been diagnosed with a lung condition. We have a free legal helpline, which can be reached on 0800 073 8804. But before you give us a call, read on to discover everything you need to know about lung disease compensation claims.

A digital image of someone's lungs inside their chest.

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What Is Lung Disease?

There are three main types of lung disease, but generally, this refers to any kind of issue in the lungs that stops them from working as they should. Most lung diseases fall into one of the three categories mentioned below:

  • Lung circulation diseases – These are diseases that have an impact on the blood vessels in the lungs. They are caused by the blood vessels becoming inflamed, scarring, or clotting. They have an adverse impact on the lungs’ ability to release carbon dioxide and take up oxygen. Pulmonary hypertension is an example of such a disease. It is worth noting that such diseases can also have an impact on heart function.
  • Lung tissue diseases– These are diseases that have an impact on the lung tissue structure. Tissue inflammation or scarring results in the lungs not being able to expand as they should. This is known as restrictive lung disease. It makes it difficult for the lungs to release carbon dioxide and take up oxygen. Sarcoidosis and pulmonary fibrosis are two examples of lung tissue diseases. Many people say that when they have such a condition, they feel like they are wearing clothing that is too tight, which makes it hard for them to breathe deeply.
  • Airway diseases– These are diseases that impact the airways/tubes that carry gases, including oxygen, in and out of the lungs. They tend to result in the airways being blocked or narrowing. Some examples of these diseases include bronchiectasis, COPD, and asthma. Many people state that such conditions make it feel as though they are trying to breathe through a straw.

Who can be held liable for lung disease?

When launching any type of personal injury claim, be it mesothelioma claims or claims for miners lung disease compensation, the most critical element is being able to prove who is responsible for what has happened.

Whether your employer has unknowingly or knowingly exposed workers to harmful substances, they could be held liable. This is because all employers are legally required to provide a safe and healthy workplace. There are health and safety regulations in place that govern this. This includes general health and safety laws and the Control of Substances Hazardous to Health Regulations 2002. As per these regulations, all employers need to do the following:

  • Supply personal protective equipment (PPE), including breathing masks
  • Control the exposure to hazardous substances and use controlling methods, including getting extractor fans installed
  • Make sure all staff members are aware of the risks and review procedures.
  • Take the required steps to control exposure to an adequate level where prevention is not an option.
  • Carry out a hazardous substances assessment, which should include determining the risk to human health

Other workplace regulations that are worth noting in this regard are as follows:

If your employer has failed to follow the regulations that are in place, and you have been injured as a consequence, you will have the basis for a very strong personal injury claim.

Occupational Lung disease – what is it?

Occupational lung disease refers to any type of lung problem that has occurred due to the workplace environment. It is estimated that every year, there are 18,000 new cases of lung problems or breathing issues that have been made worse or caused by work. This is according to HMRC. Some of the most common diseases sustained included non-asbestos related lung cancer, asbestos-related lung cancer, mesothelioma, and Chronic Obstructive Pulmonary Disease (COPD). We often get asked is COPD an industrial disease, and it can most definitely be caused in the workplace. In fact, it often is.

Asbestos-related lung cancer claims– what are they?

Lung cancer and mesothelioma can be the result of inhaling asbestos fibres. This can also cause several other severe conditions, including pleural thickening and asbestosis. Asbestos is predicted to kill around 5,000 workers every year, despite being made illegal in the UK many years ago. It is a bigger killer than road traffic accidents. Every week, around 20 tradesmen die due to past exposure. If your employer has not followed the required steps in terms of asbestos training and management, you will certainly have the basis for a claim. Asbestos-related lung cancer looks and acts the same as lung cancer that is caused by any other trigger, including smoking. For more information on launching this type of claim, please do not hesitate to get in touch.

Do I have cause to claim?

Between 2015 to 2017, Cancer Research noted that there were 2,727 new cases of mesothelioma, and there were 2,490 deaths in the United Kingdom. This is a form of cancer that impacts the peritoneum and pleura. The peritoneum is the lower digestive tract, and the pleura is the lining of the lungs. It is almost always related to asbestos exposure. Sadly, it is almost always fatal by the time it is diagnosed. You can use the table below for further insight regarding this.

We have helped many people to secure the maximum mesothelioma compensation amounts. You may be wondering how long do mesothelioma claims take, especially if you have heard there is a three-year time limit. Of course, with such a case, it is almost impossible to pinpoint an accident date, and so you will have three years to claim from the date of your diagnosis instead. As mentioned, most cases of this cancer have fatal consequences, and so it is worth noting that you can launch a claim for mesothelioma compensation after death UK. If you have lost a loved one because of this condition, you can claim on their behalf. Call us today to find out more about mesothelioma compensation after death.

COPD claims – Can I claim compensation?

We have also helped many people to secure COPD workers compensation. COPD stands for Chronic Obstructive Pulmonary Disease. It is a significant cause of death and disability, not only in the UK, but also worldwide. In fact, it is the fourth leading cause of death across the globe. This condition makes it incredibly difficult to breathe, and it has a long-term impact, which is why COPD compensation amounts tend to be high.

Some common COPD symptoms include more troublesome and frequent chest infections, wheezing, phlegm, and a persistent chesty cough. Although smoking is a significant cause for COPD, it can also be caused due to workplace exposure to harmful clouds of dust. A lot of coal miners have received compensation for COPD. However, there are many other occupations with an increased risk of COPD. This includes

  • welders
  • textiles
  • stone-masonry
  • plastics
  • rubber
  • quarries
  • pottery and ceramic workers
  • petroleum workers
  • foundry workers
  • grain and flour workers
  • construction
  • dockworkers
  • mining
  • cadmium
  • brick making
  • agriculture.

Substances that can be commonly attributed to COPD include welding fumes, silica dust, organic dust, mineral dust, flour and grain dust, cadmium fumes, and cadmium dust.

Non-asbestos related lung cancer – Can I still claim?

Of course, not all lung cancer cases are related to asbestos, and you can most certainly make a claim if you have been diagnosed with cancer, and you believe your employer is to blame. You will need to prove that this is the case. To do this, you must show that your employer did not control substance exposure to the level he or she should have.

What can I claim for in my lung disease compensation claim?

When it comes to mesothelioma compensation payouts UK and payouts for any other type of lung disease, compensation is separated into two parts. The first part is what is known as general damages. This is the money that you will get for your pain and suffering. It is designed to compensate you for everything you have had to go through both physically and mentally.

The second part of the compensation is what is known as special damages, and this payout is designed to cover any costs you have entailed because of the injury. This could be a loss of income because you have been unable to work because of your lung condition. It could also be anything from travel costs to childcare expenses. You need to prove the cost with a receipt or something like this, and you need to show that the expense was related to the accident.

How Much Compensation Could I Claim For Lung Disease Compensation?

Generally, compensation for pulmonary fibrosis and other lung diseases can come in two heads. The first heading, general damages, covers the pain and suffering you experience because of the disease. 

When this heading is calculated, the Judicial College Guidelines (JCG) can be used to help. This document provides guidline COPD compensation amounts by outlining potential brackets for different kinds of lung disease.

You can find some examples of these in the table below. Please be aware that the first entry in this table is not taken from the JCG.

Type of injuryLung Injury Common Payout Bracket
Multiple Severe Injuries And Special DamagesUp to £1,000,000+
Asthma (a)£52,500 - £80,240
Asthma (b)£32,090 - £52,490
Asthma (c)£23,430 - £32,090
Asthma (d)£12,990 - £23,430
Asthma (e)Up to £6,280
Asbestos-related disease (a)£77,680 - £139,680
Asbestos-related disease (b)£85,460 - £118,790
Asbestos-related disease (c)£43,320 - £129,170
Asbestos-related disease (d)£18,430 - £43,320

The second heading of your lung disease compensation claim is called special damages, but not all claimants will receive this. This is because it helps claimants recoup financial losses caused by the disease. 

For example, this could help cover the cost of:

  • End of life care.
  • Prescriptions.
  • Lost earnings.
  • Childcare.
  • Home adjustments.
  • Mobility aids.
  • Travel.

Evidence of these financial losses will need to be presented in order to receive special damages. This could include bank statements, payslips and invoices.

Contact our team today to learn more about a lung disease claim. Or, read on for more information on occupational lung disease claims.

No Win No Fee Lung disease compensation claims

While there are many legal firms in the United Kingdom, we truly believe that we are ahead of the legal Expert pack One of the reasons why this is the case is because we offer a 100 per cent No Win, No Fee service. No matter what type of claim you are making, you can be sure that it will be No Win, No Fee. You may be wondering what this actually means for you. Well, if your case is not a success, you are not going to have to pay any legal fees.

You only pay for a successful service. This means you are financially protected because you won’t find yourself with no compensation yet a substantial legal bill. Furthermore, no large upfront fees are required to get started, which is usually the case, and this means that anyone can make a claim for lung disease compensation. We feel that this is only fair, after all, is it not your fault that you’ve contracted lung disease so you should not have to pay upfront for any process to redress the balance.

How Legal Expert can help

There are many different reasons why you should choose our service. This includes the following:

  • We have many years of experience.
  • We will match you to a specialist solicitor with up to 30 years of experience.
  • We operate to a 100 per cent No Win, No Fee structure.
  • We have an excellent track record.
  • We always put our customers first.
  • We don’t just work to secure compensation; we work to ensure the maximum amount of compensation.

Begin a lung disease compensation claim today

If you are ready to claim a lung disease or condition, all you need to do is give us a call on 0800 073 8804. We will happily answer your questions and assess your case. This line is available from 9 a.m. until 9 p.m., seven days a week. There are plenty of other ways to get in touch too. For example, you can use the live chat feature, online contact form, or request a callback.

Helpful links

We hope that you have found this guide helpful on your quest to find out more information about lung disease compensation claims. However, if you are still seeking further details, the links before may be of some use.

Mesothelioma and asbestos cancer compensation claims

For information on mesothelioma and asbestos claims visit this link and get free advice.

Carbon Monoxide Claim Guide

This link takes you to our guide on carbon monoxide poisoning claims. You can also find plenty of other compensation guides on our website.

Information concerning COPD from the NHS

This link takes you to the NHS page on the chronic obstructive pulmonary disease (COPD). You will find information regarding the diagnosis and causes and symptoms, treatment, and living with COPD. If you are looking for a COPD claim form, simply give us a call to start your case.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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