Occupational Disease: How Much Will I Get ?
Please not that the following information is only a guide. We would be happy to give you a free consultation over the phone (freephone 0800 7344 999) where we ca offer a more accurate estimate of possible damages that you may be entitled to for your specific case.
- Lung Disease
- Asbestos-related Disease
- Asthma
- Deafness
- Vibration White Finger and/or Hand-Arm Vibration Syndrome
- Work-Related Upper Limb Disorders Repetative Strain Injury
- Dermatitis
Lung Disease
For a young person with serious disability where there is a probability of progressive worsening leading to premature death. £55,000 to £72,500
Lung cancer
Lung cancer (typically in an older person) causing severe pain and impairment both of function and of quality of life. The duration of pain and suffering accounts for variations within this bracket. See also paragraph (C)(b) below. £42,500 to £55,000
Disease, eg, emphysema
Disease, eg, emphysema, causing significant and worsening lung function and impairment of breathing, prolonged and frequent coughing, sleep disturbance and restriction of physical activity and employment. £30,000 to £43,750
Breathing difficulties
Breathing difficulties (short of disabling breathlessness) requiring fairly frequent use of an inhaler; where there is inability to tolerate a smoky environment and an uncertain prognosis but already significant effect on social and working life. £17,500 to £30,000
Bronchitis
Bronchitis and wheezing not causing serious symptoms; little or no serious or permanent effect on working or social life; varying levels of anxiety about the future. £11,500 to £17,500
Some slight breathlessness
Some slight breathlessness with no effect on working life and the likelihood of substantial and permanent recovery within a few years of the exposure to the cause or the aggravation of an existing condition. £5,750 to £11,500
Temporary aggravation of bronchitis
Temporary aggravation of bronchitis or other chest problems resolving within a very few months. £1,250 to £3,000
Asbestos-related Disease
Mesothelioma
Mesothelioma, lung cancer and asbestosis are the most serious of these. Mesothelioma is typically of shorter duration than either of the other two and often proves fatal within a matter of months from first diagnosis. Lung cancer and asbestosis are likely to have a fatal outcome but the symptoms often endure for several years.
Mesothelioma causing severe pain and impairment of both function and quality of life.. The duration of pain and suffering accounts for variations within this bracket. For periods of up to 18 months, awards in the bottom half of the bracket may be appropriate; for longer periods of four years or more, an award at the top end. £45,000 to £70,000
Lung cancer
Lung cancer, again a disease proving fatal in most cases, the symptoms of which may not be as painful as those of mesothelioma, but more protracted. See also paragraph (B)(b) above. £42,500 to £55,000
Asbestosis
Asbestosis, causing impairment of the extremities of the lungs so that oxygen uptake to the blood stream is reduced. In the early stages the disease may be symptomless but progresses to cause severe breathlessness. Mobility is likely to become seriously impaired and quality of life reduced. Respiratory disability of between 10 and 20 per cent will probably attract an award in the region of £40,000. £26,500 to £58,000
Pleural thickening
Pleural thickening, typically causing progressive symptoms of breathlessness by inhibiting expansion of the lungs (the so-called cuirasse restriction). Disease may gradually progress to cause more serious respiratory disability. £21,000 to £42,500
Pleural plaques
Pleural plaques: - involving some, but limited, disability May also be accompanied by psychological injury causing disability. £15,000 to £20,000
- without noticeable symptoms. £5,000 to £6,000
Asthma
Severe and permanent disabling asthma
Severe and permanent disabling asthma, causing prolonged and regular coughing, disturbance of sleep, severe impairment of physical activity and enjoyment of life and where employment prospects, if any, are grossly restricted. £23,500 to £36,000
Chronic asthma causing breathing difficulties
Chronic asthma causing breathing difficulties, the need to use an inhaler from time to time and restriction of employment prospects, with uncertain prognosis. £14,250 to £23,500
Bronchitis and wheezing
Bronchitis and wheezing, affecting working or social life, with the likelihood of substantial recovery within a few years of the exposure to the cause. £10,500 to £14,250
Relatively mild asthma-like symptoms
Relatively mild asthma-like symptoms often resulting, for instance, from exposure to harmful irritating vapour. £5,750 to £10,500
Mild asthma, bronchitis, colds and chest problems
Mild asthma, bronchitis, colds and chest problems (usually resulting from unfit housing or similar exposure, particularly in cases of young children) treated by a general practitioner and resolving within a few months. Up to £2,750
Deafness
The word ‘deafness' is used to embrace total and partial hearing loss. In assessing awards for hearing loss regard must be had to the following:
(i) whether the injury is one that has an immediate effect, allowing no opportunity to adapt, or whether it occurred over a period of time, as in noise exposure cases;
(ii) whether the injury or disability is one which the injured person suffered at an early age so that it has had or will have an effect on his or her speech, or is one that is suffered in later life;
(iii) whether the injury or disability affects balance;
(iv) in cases of noise-induced hearing loss (NIHL) age is of particular relevance as noted in paragraph (d) below.
Total Deafness £50,000 to £60,000
The lower end of the bracket is appropriate for cases where there is no speech deficit or tinnitus. The higher end is appropriate for cases involving both of these.
Total loss of hearing in one ear £17,500 to £25,000
Cases will tend towards the higher end of the bracket where there are associated problems, such as tinnitus, dizziness or headaches.
Partial hearing loss/Tinnitus
This category covers the bulk of deafness cases which usually result from exposure to noise over a prolonged period. The disability is not to be judged simply by the degree of hearing loss; there is often a degree of tinnitus present. Age is particularly relevant because impairment of hearing affects most people in the fullness of time and impacts both upon causation and upon valuation.
(i) Severe tinnitus/hearing loss. £16,000 to £25,000
(ii) Moderate tinnitus/hearing loss. £8,000 to £16,000
(iii) Mild tinnitus with some hearing loss. £6,750 to £8,000
(iv) Slight or occasional tinnitus with slight hearing loss. £4,000 to £6,750
Vibration White Finger and/or Hand-Arm Vibration Syndrome
Vibration White Finger and/or Hand–Arm Vibration Syndrome, caused by exposure to vibration, is a slowly progressive condition, the development and severity of which are affected by the degree of exposure, in particular the magnitude, frequency, duration and transmission of the vibration. The symptoms are similar to those experienced in the constitutional condition of Raynaud's phenomenon.
The Stockholm Workshop Scale is now the accepted table for grading the severity of the condition. The Scale classifies both the vascular and sensorineural components in two complementary tables. Individual assessment is made separately for each hand and for each finger. Any interference with work or social life is disregarded.
The vascular component is graded between Stage 0 (no attacks) through mild, moderate and severe to 4V (very severe) where there are frequent attacks affecting all phalanges of most fingers with atrophic changes in the fingertips.
The sensorineural component is graded between Stage 0SN (no symptoms) and 3SN (intermittent or persistent numbness, reduced tactile discrimination and/or manipulative dexterity).
The grade of disorder is indicated by the stage and number of affected fingers on both hands. The assessment of damages depends upon the extent of the symptoms and their impact upon work and social life. In a severe case, the injury may be regarded as damaging a hand rather than being confined to the fingers.
The brackets can best be defined and valued as follows:
(i) Most Serious £17,500 to £21,000
(ii) Serious £9,250 to £17,500
(iii) Moderate £4,750 to £9,250
(iv) Minor £1,500 to £4,750
Work-Related Upper Limb Disorders Repetative Strain Injury
These claims cover a range of upper limb injury in the form of the following medical conditions:
(a) Tenosynovitis: inflammation of synovial sheaths of tendons usually resolving with rest over a short period. Sometimes this condition leads to continuing symptoms of loss of grip and dexterity.
(b) De Quervain's tenosynovitis: a form of tenosynovitis, rarely bilateral, involving inflammation of the tendons of the thumb.
(c) Stenosing tenosynovitis: otherwise, trigger finger/thumb: thickening tendons.
(d) Carpal tunnel syndrome: constriction of the median nerve of the wrist or thickening of surrounding tissue. It is often relieved by a decompression operation.
(e) Epicondylitis: inflammation in the elbow joint: medial = golfer's elbow; lateral = tennis elbow.
The brackets below apply to all these conditions but the level of the award is affected by the following considerations regardless of the precise condition:
(i) do the symptoms affect one or both arms?
(ii) the level of symptoms, ie, pain, swelling, tenderness, crepitus;
(iii) the ability to work;
(iv) the capacity to avoid the recurrence of symptoms;
(v) surgery.
(a) Continuing disability in both arms where surgery is required and there is loss of employment. £12,000 to £12,500
(b) Continuing, but fluctuating symptoms in one arm £8,000 to £9,000
(c) Symptoms resolving in the course of two years £4,750 to £5,250
(d) Complete recovery within a short period £1,250 to £1,900
Dermatitis
Dermatitis of both hands, with cracking and soreness, affecting employment and domestic capability, possibly with some psychological consequences, lasting for some years, perhaps indefinitely. £7,500 to £10,500
Dermatitis of both hands, continuing for a significant period, but settling with treatment and/or use of gloves for specific tasks. £4,750 to £6,250
Itching, irritation of and/or rashes on one or both hands, but resolving within a few months with treatment. £1,000 to £2,000