Farmer's Lung Compensation Claim
Farmer's lung is a respiratory disease that can affect farmers and agricultural workers who breathe in dust from mouldy hay or any other mouldy crop. If you have developed farmer's lung due to the negligence of an employer or former employer, you may be able to make a claim. JMW's expert solicitors are here to guide you through the entire process.
Speak to our team today to find out more about your farmer's lung compensation claim. We are happy to offer you expert advice and will answer any questions you may have. Simply call us on 0345 872 6666 or complete our online enquiry form and we will get back to you as soon as we can.
What Our Clients Say
How JMW Can Help
If you believe you have developed farmer's lung due to the negligent actions of your current or former employer, it is highly likely that you will be in a position to seek industrial disease compensation. This negligence may have taken the form of poor supervision or insufficient training in the storage of crops.
The highly experienced and professional solicitors at JMW will offer unrivalled support, providing the guidance you need from the beginning of your case right through to its conclusion. We believe communication is vital, and so we will keep you updated of any developments as we go, making sure you are always in the know.
We understand that you have been through a difficult time, which is why we will endeavour to make the experience as stress-free as possible for you, taking on all of the hard work so that you can concentrate on getting better.
Meet Our Team of Farmer's Lung Compensation Specialists
What is Farmer's Lung?
Farmer's lung is an allergic disease and the most commonly occurring form of allergic alveolitis. It is often referred to as extrinsic allergic alveolitis, hypersensitivity alveolitis or hypersensitivity pneumonitis, and it can affect agricultural workers who have worked with organic materials that have not been properly dried. These materials can give off spores and dust that can harm the lungs.
Repeated exposure can lead to inflammation of the lungs and acute lung disease that, over time, can develop into a long-lasting (chronic) lung disease.
For more information on farmer's lung, click here.
If you suspect that you may be suffering from farmer's lung, contact a doctor immediately so that you can get the right treatment.
What Causes Farmer's Lung?
Farmer's lung is primarily caused by breathing in mouldy hay, although it can also be caused by exposure to any mouldy crop, such as corn, straw, grain, silage and mushroom compost.
The primary causes are spores from two types of bacteria, which are called micropolyspora faeni and thermoactinomyces vulgaris. Aspergillus, which are certain types of moulds, are also known causes.
If a crop is harvested in wet conditions and it undergoes a period of self-heating while in storage, bacteria can form, and as the hay dries it can become dusty. This dust may then be breathed in by those in close contact with the crop, such as farmers and agricultural workers. Although the spores themselves are not infectious, they can cause an allergic reaction.
What Are the Symptoms of Farmer's Lung?
There are a number of symptoms of farmer's lung, which include:
- Chills
- Persistent coughing
- Shortness of breath
FAQs About Farmer's Lung
- How can farmer's lung be prevented?
Farmer's lung occurs when individuals inhale dust from mouldy hay, straw or grain. This exposure triggers an immune response that can lead to lung inflammation. Preventing farmer's lung involves minimising exposure to these dust particles and using protective measures. Here are some effective strategies:
1. Use Respiratory Protection
Wearing a high-efficiency particulate air (HEPA) filter mask can help filter out dust and spores when working with hay, straw or grain. Masks should fit well and be capable of filtering fine particles.
2. Reduce Dust Exposure
Mechanised systems can reduce the manual handling of hay or grain, lowering the risk of inhaling dust. Consider using automatic feeders or enclosed conveyor belts to minimise contact with mouldy materials.
Working in well-ventilated areas, ideally outdoors, can help disperse spores and reduce the concentration of inhaled particles.
3. Manage Mould Growth
Properly dry hay and grain before storage to reduce moisture content, as moisture fosters mould growth. Storing materials in a dry, well-ventilated environment helps prevent mould development.
Regularly inspect and clean storage areas to prevent mould build-up. Remove any mouldy material promptly and consider using fans or dehumidifiers to control moisture levels.
4. Wet Down Materials
Spraying a fine mist of water on dusty materials before handling can help prevent spores from becoming airborne, reducing the risk of inhalation.
5. Take Precautions After Exposure
If you suspect exposure, shower and change clothes immediately after handling mouldy materials to prevent spores from spreading to other areas and causing prolonged exposure.
6. Routine Health Monitoring
Regular medical check-ups, including lung function tests, can help monitor for early signs of respiratory issues. Early detection of symptoms can lead to better management and reduce the risk of chronic lung damage.
- Is your employer at fault for your farmer's lung?
Determining whether an employer is at fault for an employee developing farmer's lung largely depends on whether the employer has fulfilled their legal obligations under health and safety regulations. Employers in agricultural settings must take reasonable steps to minimise workers' exposure to risks associated with airborne contaminants, including mould spores from hay, straw or grain. If these obligations are neglected, the employer may bear some responsibility.
Health and Safety Obligations
In the UK, the Control of Substances Hazardous to Health (COSHH) regulations require employers to control exposure to hazardous substances. This includes implementing measures to protect workers from harmful dust and mould spores that could lead to respiratory illnesses like farmer’s lung. Employers must also ensure workers are informed about potential risks and trained to manage them safely.
Provision and Enforcement of Protective Equipment
Employers are responsible for providing appropriate personal protective equipment (PPE), such as masks with HEPA filters, which can reduce exposure to hazardous dust. Employers must not only provide this equipment, but also enforce its use and ensure that it is properly maintained.
Environmental Control Measures
Employers must also minimise exposure by maintaining safe working environments. This might involve installing proper ventilation, ensuring hay and grain are adequately dried before storage, and preventing the accumulation of dust and mould.
Risk Assessments and Ongoing Monitoring
Regular risk assessments are crucial for identifying potential hazards in the workplace. Employers who fail to conduct assessments or ignore identified risks could be seen as negligent. Additionally, monitoring employees’ health for early signs of respiratory conditions may be required, especially for roles with known respiratory hazards.
Employer Negligence
If an employer neglects these responsibilities - such as by failing to provide PPE, disregarding safe storage practices, or not training workers on potential risks - they may be found at fault. In such cases, an affected worker may pursue a claim if they believe their illness resulted from their employer's negligence.
- How much compensation for farmer's lung could I claim?
The compensation for farmer's lung can vary widely, depending on the severity of the condition, the impact on your daily life, and any loss of earnings due to an inability to work. The extent of the lung damage and the need for ongoing medical treatment will also influence the amount you may receive. Factors such as pain and suffering, as well as potential long-term health implications, are considered in determining compensation. In addition, whether the employer's negligence is proven to have directly caused the condition will affect the outcome.
- Who is at risk of contracting farmer's lung disease?
Farmers and agricultural workers are most at risk of contracting farmer's lung disease due to their frequent exposure to mouldy hay, straw, grain and other organic materials. Individuals working in environments where they handle damp or mouldy crops, silage or animal bedding are particularly susceptible. Those involved in activities like harvesting, handling livestock or cleaning barns may encounter high levels of airborne dust and spores. Additionally, workers in industries such as forestry and animal husbandry are also at risk when exposed to similar organic materials. People with a history of respiratory issues or sensitivities may have a higher likelihood of developing the condition. The risk is further elevated in poorly ventilated spaces, where mould spores can accumulate and become more concentrated.
- Am I eligible to claim compensation for farmer's lung disease?
There is generally a time limit for making a claim related to farmer's lung disease. In England and Wales, the typical time limit for personal injury claims is three years from the date you were first aware of the condition, or when you reasonably could have known it was linked to your work. This is known as the "date of knowledge," and it can vary, especially in cases where symptoms develop gradually. If the three-year limit is missed, it may be difficult to pursue a claim unless exceptional circumstances apply.
Talk to Us
Getting in touch with our team could not be easier. Simply give us a call on 0345 872 6666 or, if you would rather we contacted you, complete our online enquiry form and we will give you a call back to discuss your farmer's lung claim.