Last week I learned that I may be suffering from occupational asthma and have decided to pursue a claim for occupational asthma compensation. My doctor told me that it is possible that I developed the condition while at my last job as a miller. Am I entitled to claim compensation from my last employer?
You may be entitled to claim occupational asthma compensation if it turns out that your employer’s negligence led to you developing the condition. Firstly, it is imperative that you undergo a full medical examination immediately – not only will this help to safeguard your health, it will also provide you with solid evidence that the condition is present and enable you to obtain a medical report, which will be needed to prove your claim.
Secondly, if it transpires that you do have occupational asthma, you must be able to prove that your former job as a miller is the reason – asthma is a common condition and can be developed in a number of different ways. Gathering evidence to accompany your medical report is vital. If possible you should speak to some of your former co-workers; it could be that some of them also developed the condition or a similar ailment. Obtaining statements from former co-workers may help to corroborate your claim, and may allow you to prove that your employer failed in his duty of care towards you and your fellow co-workers.
If it is discovered that you contributed to your condition through negligent behaviour such as refusing to follow safety rules and regulations or taking unnecessary risks with your health, your claim for occupational asthma compensation may be endangered and you could lose some or all of your settlement. This may also happen if your former employer at the mill can prove that you exacerbated your condition through your own actions. In order to prevent this from happening you may want to take preventative measures: avoiding mills and limiting your exposure can help to stop the condition from worsening, and fortunately as asthma is extremely treatable a number of drugs and inhalers are available from pharmacies, some without prescription.
Pursing claims can be a stressful and time-consuming process. In order to remove some of the burden and to have the best possible chance of achieving a successful settlement and the maximum amount of occupational asthma compensation, you should enlist the help of an experienced injury claims solicitor.