Compensation for Occupational Asthma

I am looking for more information on claiming compensation for occupational asthma. A few months ago I noticed that breathing had become more difficult than it used to be. After a while I discovered that my condition became more pronounced when I was at work. After making a visit to hospital, where it was confirmed that I am suffering from occupational asthma, I confronted my employer – I work as a baker – who refused to provide me with any kind of assistance. Am I eligible to claim for compensation?

You may be able to claim compensation for occupational asthma if you can prove that your employer is responsible for the development of your condition. While this can often be difficult to prove, it may be reassuring to know that occupational asthma is the most common form of lung ailment suffered in the workplace in the Ireland, and that many others before you have claimed successfully.

As you have already visited the hospital it is likely that you possess a medical record of your condition – this is a vital piece of evidence which will be needed if the claim is to go to court. Evidence that you were working in unsuitable working conditions – photos, video or statements from fellow co-workers – may also be useful in claiming compensation.

Although it could be that your pursuit of compensation for occupation asthma is based on a reaction to flour – a basis ingredient in bread, this does not mean that you are not entitled to claim for compensation. Under The Control of Substances Hazardous to Health (COSHH) rules an employer is obliged to assess the health risks of substances which could be hazardous; if they are identified, ensure that steps are taken to limit any further any further exposure; implement ventilation and extraction procedures; and if necessary provide protective safety equipment, which in your case would mean a face mask.

If you find that your employer has not fulfilled his obligations under the COSHH rules, you may be entitled to pursue compensation. If this is the case you should enlist the help of an experienced personal injury claims solicitor. It is always best to pursue compensation for occupational asthma after speaking with a legal expert, which as mentioned above, is possible through our freephone injury claims advice service.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.