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  • COPD and Emphysema Claims

COPD and Emphysema Claims

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Making a COPD or emphysema claim for compensation can help to make the financial burden of living with your condition more bearable. It can help to cover the cost of any lost earnings and pay for specialist medical care.

Chronic obstructive pulmonary disease (COPD), is a name given to a group of lung conditions that make breathing difficult. If you’ve developed COPD or emphysema as a result of your job, you might be entitled to compensation. We’re highly experienced in securing compensation in COPD and emphysema claims. We understand how distressing these diseases can be, both to sufferers and their loved ones, having successfully acted over many decades for thousands of claimants who have lived with chronic lung disease. That's why we'll dedicate ourselves to getting every penny of compensation you deserve.

Our Support and Rehabilitation team is here for you, too. As clinical specialists, they can help you access any care that could make your condition easier to live with. We have strong relationships with charities, support groups, and local care providers all over the country.

We also have an in-house team of financial planners and advisors. They’re on hand to advise you on how to make your compensation last. They’ll talk you through the best ways you can invest your compensation, so it stands the best chance of growing in the future.

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david johnston-keay
David Johnston-Keay Partner Meet the team

More information on COPD and emphysema claims

If your COPD was caused as a result of negligence by a former employer, you might be able to claim compensation. For instance, if your job involved working with the dust or fumes of harmful substances and your employer didn’t provide you with adequate protection to stop you from inhaling it, you may have a case.

If you’ve lost a loved one from COPD because of negligence they suffered at work, you could claim on their behalf.

COPD is a life-limiting disease. It’s the name used for a group of lung conditions that make it harder to breathe. These include emphysema and chronic bronchitis.

COPD can have a significant impact on you and those around you. COPD causes breathlessness, especially when exercising. The more severe your COPD is, the easier it is for you to get out of breath doing even the simplest of tasks.

It can cause recurring chest infections and a very bad cough. As COPD progresses, sufferers often become more dependent on their loved ones.

COPD can be distressing for the sufferer as it limits what they can do each day. It can also be draining and distressing for loved ones who need to dedicate more and more time to caring for them.

Compensation is normally paid to reflect the pain and suffering you’ve experienced because of your illness or injury. It can be used to cover the cost of any medical care or specialist equipment you might need to make your life easier.

"Special damages" can also be awarded to make up for any loss of earnings you’ve suffered due to your COPD. For instance, you may have needed time off work. It may be that you had to give up your job altogether.

When you make a COPD claim with us, the first thing we’ll do is to identify any former employers who might be responsible for your illness and notify them of the claim being brought. If any of those employers are no longer trading, we will seek to identify their former insurers, who remain responsible for settling any successful claim on their behalf.

Those employers will be given an opportunity to make an early admission and to settle your claim. If that doesn’t happen, then we will work with you to prove your case and get you the right result.

Aside from fighting to get you the compensation you’re due, we’ll refer you to our Support and Rehabilitation team. They’ll advise you on any specialist care or treatment you could benefit from.

We have some of the most renowned personal injury lawyers in the UK. We’ve worked on many COPD and emphysema claims and met many sufferers of these dreadful diseases. This has given us an exceptional insight into how debilitating COPD can be, as well as how much it can affect those around you. It’s made us even more determined to get our clients the biggest possible settlement, helping to make your life as comfortable as possible.

Don’t just take our word for our expertise. The Legal 500, one of the UK’s leading independent legal guides, consistently reviews our Personal Injury team with glowing feedback. They’ve called our personal injury specialists: “A wonderful team with strength in depth from partner to paralegal and a dedication to their clients, consistently going above and beyond to get the best results possible.”

Chambers and Partners, another leading legal guide, ranks several of our Personal Injury lawyers as among the best in the country. Chambers and Partners comment: "It is a full-service firm, and clients receive good value due to the experience and expertise of the teams on offer."

We don’t just fight to get you the money you’re due, we make sure you get the care you need in the meantime. Our Support and Rehabilitation team are clinical specialists who’ll help you to access any support you might need. They’ll assess the treatment and support you would benefit from and help you to get it.

We’ve connections with charities, support groups, and local care providers throughout the UK. This means that, no matter where you are in the country, you can access help that’s local to you.

We have offices all over the UK, meaning you’re within easy reach of our legal experts. If it’s difficult for you to travel, we can visit you in hospital or at home instead. If you’d rather, we can also speak via telephone, video call, or email.

Our financial advisors and planners are also on hand to help once we’ve secured your payments. They’ll be there to talk you through how to get the most out of your compensation. They’ll advise you on making your money last and the best ways to invest your money so that it stands the best chance of growing. This will help to ensure you’re always financially stable and able to lead a comfortable and full life.

Man standing with his back to the camera looking at the sea as the sun sets

I was recommended Irwin Mitchell by a solicitor friend of mine and I am very happy to say that the dedication and professionalism shown has completely supported this recommendation.”

Chris, client

Client Story - Compensation For Former Coke Oven Worker

coke oven lung damage

Our Industrial Disease lawyers secured over £30,000 compensation for a man with a reduced life expectancy due to exposure to coke oven emissions at work. Our client worked in a coking plant in Sheffield for 17 years, until he was made redundant in 1986. While in this job, he worked on various parts of the coke ovens and inhaled harmful emissions. His symptoms started in 1969, however, it wasn’t until 1997 that he was diagnosed with chronic obstructive pulmonary disease (COPD).

During his time at the coking plant, he was regularly exposed to the harmful dust that was a by-product of burning coke furnaces. His employers failed to provide him with any safety equipment. Even when the company did eventually introduce respiratory protection equipment in the late 1980s, they were only made available to a small number of workers.

Chronic bronchitis and COPD have both severely affected Mr Rodger’s quality of life, as well as his overall life expectancy. 

Specialist disease solicitors David Johnson-Keay represented Mr Rodgers along with a number of his former colleagues. Six years later, we secured him £32,500 in compensation. Read more about the story here.

asthma

Chronic bronchitis and COPD have both severely affected his quality of life, as well as his overall life expectancy. He always enjoyed taking his Jack Russell for walks – however, now he has to stop 2-3 times during the 250 yard walk to the local playing field. He also used to be an avid gardener, growing vegetables at home, but now only manages a very small patch.

david johnston-keay

"We represent a number of clients who have been exposed to dust and fumes at work and we aim to investigate the cause of their condition, as well as help them recover damages. This ensures that they can manage their condition as best they can without having to worry about the financial implications that have inevitably been caused." - David Johnston-Keay, Senior Associate

Read More Client Stories

Frequently Asked Questions

What is COPD? How is it caused?

Chronic Obstructive Pulmonary Disease (COPD) is a term used for a group of conditions that affect the lungs. Conditions classed as COPD include emphysema and chronic bronchitis, both of which cause significant breathing problems.

Breathing problems caused by COPD tend to get worse over time. Although quite a common condition, it can limit your ability to do normal activities. You'll likely feel out of breath through doing simple tasks. That's because COPD makes it harder for you to take in oxygen and release carbon dioxide.

COPD is caused by inhaling harmful substances like cigarette smoke, air pollution, and certain dusts and fumes.

Are some people more likely to get COPD?

Many traditional industries have long been associated with a risk of developing COPD. Coal miners who were exposed to coal and stone dust often developed COPD. Other jobs that can expose workers to dust and fumes that can cause COPD include welding and construction. People who work with petroleum are also at risk.

People who work in the textile industry are also at a greater risk of developing COPD due to working with cotton and nylon.

The Health and Safety Executive (HSE) estimates there are 4,000 annual occupational deaths caused by COPD in the UK.

Can I make a no win no fee claim?

Most of our claims are made using a no win no fee agreement. However, if you wish to do this, you’ll need to enter into an agreement that's linked to an appropriate insurance policy. We’ll talk to you about the conditions around making a No Win No Fee claim when we start working together.

If you’re eligible for no win no fee, you won’t need to pay anything if your claim isn’t successful.

Read More FAQs

Related Information - COPD & Emphysema

Asbestos & Mesothelioma Claims We can help you claim if you're suffering from an asbestos related disease due to exposure at work
Industrial Illness Claims Guide Answers to some of your frequently asked questions concerning workplace illness claims

Employment Law We could help if you're facing issues with your current or former employer


Rehabilitation We can help you access the care and support you need to help with your recovery

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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