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If I have an occupational asthma case
There is a strict time limit of three years (with a few exceptions) in making these claims against your employer, so you must act quickly if you think you may have a case.
Establishing causation (linking the asthma directly to your work) is crucial in these cases. The individual who complains of the condition has to prove, on the balance of probability, that their employer was at fault and that caused the condition.
You will need to show that you were exposed to a substance that is known to cause occupational asthma and that your employer failed to provide you with the correct safety equipment, that it was faulty or you were never given adequate instructions, information or training on how to use it. Employers are still obliged to comply with the appropriate regulations and take other preventative measures, such as making sure that your working environment is well ventilated and carrying out regular health checks.
Failing to do or provide these things suggests your employer has failed to meet their legal duty of care. If we can prove their negligence and you have suffered illness as a result, you will have a claim for industrial asthma. Access Legal's expert occupational asthma lawyers will listen to your story to see whether you have a case.
We will always find ways to help you, including No-Win-No-Fee, so don't worry about the cost and don't be put off seeking our help because you are concerned about your future employment. The law protects employees who make a valid claim.