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Getting Compensation for Occupational Asthma

Posted on September 20, 2012 by Fast Lawsuit Team

Asthma is a debilitating disease that can continue for the rest of your life. Asthma, literally, takes your breath away – and not in a good way. During an asthma attack, one has trouble breathing because his airways are swollen due to inflammation. Excessive mucus also contributes to the tightening of the airways. An asthma attack can be evidenced by coughing, breathlessness, wheezing and pain and tightness in the chest.

Asthma is oftentimes hereditary, but it can also be caused by one’s environment and way of living. If its onset is later in life, it can be occupational asthma. One way to check if the asthma is indeed caused by a hazard in the workplace is if you feel better when you are on vacation and away from work and when the asthma plays up when you get back to work.

Occupational Hazard: Asthma

Occupational asthma is caused by constant exposure to a substance that triggers it. This exposure may be part of one’s working environment. According to studies, occupational asthma may develop within 6 to 12 months, but there are also some reports of asthma developed after exposure to a hazardous substance for as long as 20 years. If you are exposed continually to these substances for prolonged periods of time, it may lead to permanent damage to the lungs.

Exposure to smoke and dust, fumes caused by chemicals, welding devices and cleaners, laboratory animals, enzymes, flour and grains, latex, solvent vapors and other irritants may trigger the onset of asthma. This is why there are a number of cases of occupational asthma for veterinarians, research laboratory technicians, paint sprayers, nurses, cleaners, and carpenters.

Occupational asthma will have a tremendous impact on an individual. You are always vulnerable to asthma attacks that can result in the need for hospital treatment and constant medication. You may also have to find ways to manage it every day. Other adjustments will have to be made, such as a change in occupation or even the need to stop working (and a resulting loss in income).

Occupational Asthma and Employer Liability

Employers have the responsibility of ensuring that employees are safe from exposure to substances that can develop diseases, such as occupational asthma. The government has put regulations in place for the protection of workers from exposure to hazardous substances and chemicals. This is called “The Control of Substances Hazardous to Health Regulations”.

This means that if you believe your asthma is a result of exposure to hazardous substances in the workplace, you can ask for compensation from your employer due to their failure to do their duty to protect you against contracting a disease in the workplace.

Filing for an Occupational Asthma Compensation Claim

When you are considering filing a claim for compensation, it will be helpful to consider getting help from an experienced lawyer. It is also important that you remember that there may be time limits for you to file a claim. In most cases, you have three years to file that claim.

When you are filing for a claim in compensation, you will have to prove that it is indeed a substance in the workplace that caused the asthma, and not your exposure to other substances in your home, such as pets, dust and pollen. You will also need to show that the employer knows or should have known about the hazard and failed to do something about it, and as a result of their failure to act, you contracted asthma.

When you file your claim, you can ask for compensation for the following:
-  Medical expenses. This includes your regular medications, as well as expenses for times you were hospitalized due to an asthma attack.
-  Loss of income (past and future). When you had to change jobs (that earned a lower income) or had to quit working altogether, you can claim for compensation for the income you have lost.
-  Pain, suffering and trauma. Having an asthma attack (where you feel that every breath is your last) is a particularly distressing experience.

While you are waiting for your compensation to come through, it is best to consider getting lawsuit funding. This can help provide you with funds you need for your treatment and medication. The lawsuit cash advance can also help with medical bills and household expenses.

The settlement funding is a non-recourse funding that depends on the details of your lawsuit, rather than your credit standing or your employment status. The funding will be paid back when your claim is settled.

One reputable provider of lawsuit loans is FastLawsuitMoney.com. For years now, FastLawsuitMoney.com has been helping people who need ready cash while they are waiting for the settlement of their compensation claim.

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