
Our Expertise
Alexander Harris are a national firm specialising in personal injury and in particular industrial disease claims. We are recognised as one of the UK's leading law firms in this specialised area by other lawyers, the medical profession, the insurance industry and many industrial disease related organisations.
It is quite possible that you have never had to consult a solicitor before. You might have instructed a solicitor when you moved house or to prepare a will; or even for a minor injury claim. However, asthma claims are quite different and necessitate a solicitor with expertise and experience. After all, the Defendant is likely to instruct a specialist solicitor to deal with the claim and you need to be on an equal footing from the start.
It is equally important that you feel comfortable with your solicitor. Your solicitor will be able to identify what the best course of action for you to take would be. They will also be able to instruct the right Medical Expert and will treat your case with sensitivity.
Our team of expert solicitors have handled many asthma claims through to successful conclusion. Our experience enables us to understand and plan for some of the challenges and difficulties that may lie ahead. We understand that many aspects of your life, work, family, relationships and recreation will have changed. Our understanding enables us to present any compensation claims in the fairest and most appropriate way.
Choosing the right solicitor can not only help you through this difficult period but in some cases it can mean the difference between winning and losing your case or of many thousands of pounds in compensation.
What is Asthma?
Asthma, or Restrictive Airways Dysfunction Syndrome (RADS), is a breathing disorder caused by the narrowing of the airways. Attacks are often brought about by external stimuli such as pollens, dust mites, animal fur or substances at work. When some individuals are exposed to such substances, their immune response system causes a release of histamine into the airways. This chemical causes swelling and constriction of the muscles in the airways thus narrowing the air passages.
Symptoms of asthma include coughing, wheezing, chest tightness and shortness of breath. Typical asthma
symptoms arise because the individual is unable to exhale sufficient carbon dioxide from the lungs and the attacks can be very distressing. It is very important to obtain a family history as many people develop asthma in childhood and some adults can develop late onset of asthma. Smoking is also believed to increase the risk of being sensitised.
Some agents inhaled at work can be linked to the onset of asthma. Inducers initiate asthma by causing inflammation of the airways and hypersensitivity. They may cause toxic damage to the lining of the airways. Inciters do not initiate the asthma itself, but are likely to provoke acute attacks of transient airway narrowing in those who are already hypersensitive. Occupational asthma is dose related and the frequency and severity of attacks are likely to worsen with prolonged exposure.
Asthma is treatable with the use of inhalers although the most effective way of managing occupational asthma is to remove the individual from the source of the problem. Prompt action is likely to reduce the possibility of further attacks and hopefully reverse the condition. On the other hand, if prompt action is not taken, the asthma is likely to worsen and become chronic. At this stage, removal from exposure may have little or no affect and the condition may be so severe as to be fatal. As hypersensitivity develops the individual is likely to develop a reaction to very small amounts of the agent in the atmosphere which may ultimately require total removal from the workplace.
Mark's Story
A specialist can make an amazing difference!
Mark worked for a large pharmaceutical companymanufacturing various pills including laxatives. Thelaxative pills contained dust that was emitted into the atmosphere during the production process. Operatives were not provided with breathing equipment and the machinery was not fitted with appropriate extraction units.
After a consultant engineer was appointed, it was accepted that the levels of dust in the atmosphere exceeded the maximum exposure limits in relation to the particular product. The employers had failed to measure and record the concentration of hazardous substances in the workplace, to ensure compliance with the standards, and to assess what control or preventative measures were needed. They had failed to carry out any air monitoring surveys.
As a result of bringing a claim, the employers ensured that all the workforce were provided with appropriate breathing equipment, systems were put in place to monitor the health of the workforce and the manufacturing process was altered and upgraded to fit the machinery with appropriate extraction units.
Mark was awarded compensation for his injury but as a result of the changes implemented in the workplace, he was able to carry on with his employment in the comfort that he was working in a safe environment.
Potential Causes of Asthma
Examples of relevant substances which could cause occupational asthma are spray paint, flour grain, wood dust, glues and resins.
Certain products are recognised by the Health and Safety Executive as being substances which are hazardous to health. The Health and Safety Executive produce a list of such substances which is constantly being updated. The control of these substances in the workplace is governed by the Control of Substances Hazardous to Health (COSHH) Regulations 2002.
There are various duties and obligations on employers under the COSHH regulations to protect their employees from injury. Such duties include:
- Identifying the substances hazardous to heath.
- Assessing the risks arising in the workplace.
- Deciding what precautions need to be taken to eliminate or minimise the risks of exposure.
- Monitor the exposure where necessary.
- Provide suitable personal protective equipment where appropriate.
- Ensure that safety systems have been implemented and adhered to by staff and are regularly updated.
- Provide regular health surveillance of the workforce including lung function tests.
- Ensuring that health and safety is treated as a priority by the company and that there are regular Health and Safety committee meetings.
- Reviewing incident records.
- Identifying any patterns in the workforce and acting promptly when a problem arises.
Types of Claims
We handle all types of industrial disease claims including: -
- Occupational asthma
- Dermatitis
- Asbestos related illness
- Deafness
- Upper limb disorders
- Psychiatric injury and stress
- Fatal accident claims
A Word of Caution - Time Limits
Generally, claims for personal injury must be made within three years from the date of the accident. However, in industrial disease cases the exposure may have occurred some time before the symptoms came to light. You may not have made the connection between symptoms and the workplace until you visited your doctor.
The Court has discretion to allow an action to proceed and to disapply the usual three year limitation period, if it is satisfied that you were not aware that you were suffering from a significant injury. You will need to show that you have acted promptly upon realising that you had a potential claim and it is therefore vital that you contact a specialist solicitor as soon as possible.
Legal Representation
We will advise you on all aspects surrounding your claim so that you do not need to worry and can rest assured that the claim is in safe hands.
Advice includes:
- Advising on the issues of negligence and breach of statutory duty against your employers.
- Tracing the identity of previous employers and their relevant insurers.
- Advising in relation to the time period within which to bring your claim.
- Referring you to an appropriate consultant respiratory surgeon who can deal with medico-legal matters.
- Advise you in relation to possible interim payments.
- Provide you with the technical expertise and care to deal with claims of this nature.
Inquests
We also represent the families of those who have died as a result of an illness, required as a result of their working life at Coroner's Inquests.
Our People
We would be happy to meet with you in hospital, at home, or talk on the telephone without charge or obligation to discuss a potential claim.
Gina Heather, Partner and Head of Industrial Disease
Gina Heather is a renowned specialist in employers liability and industrial disease claims. Gina is a member of the Association of Personal Injury Lawyers (APIL). She is also on the Law Society's Personal Injury Solicitors Panel and is a member of the Medico-Legal Society.
In the last 12 months, the personal injury team have recovered in excess of £50million in compensation for their clients.
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