What compensation can you claim for a respiratory disease?
For someone diagnosed with a respiratory disease after exposure to asbestos, silica dust or another harmful substance, a compensation claim can cover much more than the illness itself. Rachel James, a partner in our specialist Industrial Disease team, explains what may be recovered and why some of the less obvious losses matter.
People often tell me that their biggest concern isn’t themselves, but what their illness will mean for their family. They want to know that their loved ones will be looked after, particularly if they’re no longer around.
Compensation cannot give someone their health back, but it can pay for care or treatment, replace lost income and provide some financial security for the people who depend on them. And the things we can claim for often surprise people.
How is compensation for a respiratory disease calculated?
Lawyers divide compensation into two main parts. General damages cover the illness itself, while special damages cover the financial losses and expenses it causes.
The same approach applies to claims involving mesothelioma, asbestosis, asbestos-related lung cancer, silicosis, occupational asthma and other respiratory diseases where someone else is legally responsible.
General damages: The effect on your life
General damages compensate you for what the law calls ‘pain, suffering and loss of amenity’. That includes the breathlessness, discomfort and distress of being ill, but also the ordinary pleasures you may have lost. Walking the dog, gardening or playing with your children or grandchildren can become exhausting.
How do you put a figure on that?
The starting point is the Judicial College Guidelines, which provide compensation ranges for different injuries and illnesses.
There’s no standard amount for a diagnosis. The severity of your symptoms, treatment, prognosis and the effect on your day-to-day life are all taken into consideration. Two people with silicosis, for example, may receive very different awards.
Special damages: What financial losses can you claim?
I often suggest starting with a simple question: Would I have faced this cost if I hadn’t become ill? It isn’t the whole legal test, but it’s a good way to identify expenses people might otherwise overlook.
Loss of earnings and pension
A serious respiratory disease may force someone to cut their hours, give up physically demanding work or retire early. A diagnosis can be particularly difficult for someone still working.
A claim may include lost earnings, lost self-employed income and pension losses, both now and into the future.
Medical treatment and equipment
Some people with respiratory diseases may benefit from specialist treatment, including immunotherapy.
We’ve helped clients secure funding for private treatment that would otherwise have been prohibitively expensive.
The reasonable cost of medically supported treatment, mobility aids or specialist beds may also be recoverable.
Care from family and friends
This is one of the things families overlook most often.
A partner may help with dressing, cooking or shopping, or a daughter may take time out to provide care. Even though nobody sends a bill, the value of additional care reasonably needed because of the illness can generally be claimed.
We’ve even recovered travel costs for relatives returning from overseas to look after a loved one.
Our guide to compensation for unpaid care explains more.
Adaptations to your home
A stairlift, adapted bathroom or wheelchair access may make it possible to stay at home. Sometimes more suitable accommodation is needed.
In one case, we recovered the cost of a move so that a client’s wife, who didn’t drive, would be less isolated and could use public transport.
Everyday expenses and other losses
Taxis to appointments, parking charges, extra heating and laundry costs may seem insignificant individually. Over time, they add up.
The same applies to the reasonable cost of replacing practical help someone can no longer give, such as childcare for grandchildren. In one case, we recovered compensation for the future loss of a grandfather’s after-school care.
Future care, treatment and other expenses matter too. They shouldn’t be overlooked just because the bills haven’t yet arrived.
Our guide to future financial losses explains how they’re assessed.
What can families claim after a death?
Sadly, some respiratory diseases such as mesothelioma and advanced silicosis can be life limiting. If someone dies because of a compensable respiratory disease, claims may still be possible.
A claim on behalf of their estate may include compensation for suffering before death and financial losses incurred during the illness.
Eligible dependants may also claim for financial support they would have received, including earnings or pension income, and the value of help the person would have provided around the home.
Reasonable funeral expenses may be recoverable.
In England and Wales, a statutory bereavement award of £15,120 also applies where the death occurred on or after 1 May 2020, but only certain close relatives and qualifying partners are eligible.
It’s still worth seeking advice even if the person who died was retired. A lost pension or compensation for the help they provided at home may still be significant.
Can you receive compensation before the claim ends?
Sometimes treatment or care cannot wait until a final settlement.
Where the requirements are met, an interim payment can release part of the likely compensation early. This can be especially valuable in mesothelioma claims.
I’ve written about the recent increase in standard mesothelioma interim payments.
Certain benefits and government lump-sum payments may affect the final award, although the rules depend on the payment and the type of loss.
Our guide to asbestos benefits and compensation explains more. Often those diagnosed with silicosis are young – they have not yet reached their pension age. Other benefits like Personal Independence Payment may be appropriate.
Where should you start?
You don’t need to arrive with every receipt or a detailed account of the help your family provides, but keeping notes of expenses and extra care can be useful.
We still need to establish legal responsibility for the illness, and time limits apply. That’s why getting specialist advice early matters.
I’ve spoken to people who felt uncomfortable claiming, and others who assumed they had nothing to claim for because they were retired or being looked after by family. Very often, there was more to consider than they realised.
Compensation will never undo a diagnosis. It may, however, make life easier now and leave your family better provided for in the years ahead.
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