Emphysema is a type of chronic obstructive pulmonary disease that causes damage to the alveoli in the lungs, making it particularly difficult for you to catch your breath. Suffering from emphysema can mean that a sufferer’s body does not receive the air it needs, leading to difficulty breathing when undergoing physical activity or a chronic cough.

Methods to treat the condition include:

• Inhalers
• Medications
• Additional oxygen
• Surgery, which can help to prevent complications and relieve symptoms

Work-related emphysema tends to result from extremely dusty working environments. If you have worked, or are currently working in such an environment but were not provided with adequate safety gear or appropriate training, your employer has neglected your welfare and if you contract emphysema as a result of such conditions, you will be entitled to compensation.

Those most at risk of developing emphysema as a result of their workplace include construction workers and factory workers, as well as those who work in mills.

The disease can also affect anyone else who has worked in a dusty environment without the necessary protection. Industrial pollutants, such as silica dust, welding fumes, textile dust and coal dust are among the primary causes of occupational emphysema.

If it can be shown that your employer was negligent and that led to your emphysema, you are entitled to claim financial compensation.

To read more about the causes of emphysema, visit the Patient website.

Among the many different symptoms of the disease are:

• Tightness in the chest
• Breathlessness
• Fatigue
• Persistent cough

If you are worried about the possibility of contracting occupational emphysema, or you think you may have it already, you should contact a doctor as soon as possible in order to receive a definitive diagnosis.

If you have developed COPD or emphysema due to your working conditions, you may be able to make a personal injury compensation claim. This relies on proving that your employer was negligent in their duty to minimise risk and protect your health. To do so, you must show that they failed to meet their legal obligations to eliminate or reduce exposure to hazardous substances. These requirements include:

• Using safer alternatives to toxic substances where possible.
• Installing ventilation systems.
• Enclosing processes that generate harmful dust or fumes.
• Providing adequate, properly fitting personal protective equipment (PPE), such as respiratory equipment like masks or respirators, and clothing to prevent contamination.
• Enforcing PPE rules and monitoring for noncompliance.
• Arranging health checks for workers exposed to hazardous substances. This may include lung function tests (spirometry) for workers at risk of developing emphysema or other respiratory diseases.
• Delivering training for workers on the risks of emphysema and other occupational lung diseases, how to use control measures, PPE, and ventilation systems correctly, and what to do if they experience breathing difficulties or symptoms.

If your employer has failed to meet any of these obligations, you may be able to claim compensation for any respiratory conditions you suffer as a result, including emphysema. Claims will rely on evidence of the above, which can include copies of workplace risk assessments, witness statements from colleagues and medical records connecting your illness to your working conditions.

It is often possible to make a personal injury claim for emphysema if you can demonstrate that employer negligence was responsible, but emphysema and COPD compensation amounts depend on the specifics of your case. Your award will be determined by the severity of your illness, the degree of your employer's liability, the impact on your daily life and work, and the financial losses you experienced due to the condition.

Compensation for emphysema claims is usually governed by the rules that apply to personal injury settlements or industrial disease claims, which means that your award will be divided into two components. General damages provide for your pain, suffering and loss of amenity due to emphysema and are based on the Judicial College Guidelines. These offer guideline minimum and maximum compensation amounts for particular types of injuries and are used by solicitors to make a rough estimate of how much compensation you could be owed.

In general, the severity of your illness determines how much compensation you are owed. The more serious the breathing difficulties or other symptoms you are experiencing, the higher the compensation, and if emphysema has affected your ability to work or enjoy activities you used to participate in, this could also increase compensation.

Special damages account for the financial burden imposed by your illness. This part of your compensation can cover all of the following financial losses:

• Medical expenses for ongoing treatment, medication, oxygen therapy or other aspects of treatment that you need to pay for.
• Lost earnings, if the claimant needs to take time off work to recover. Alternatively, if you can no longer work or have to reduce hours over the long term because of your illness, you may be able to claim for potential future earnings that have been lost.
• Care costs, if you require assistance with daily activities or needed support in the aftermath of your diagnosis. This includes professional services and certain types of care delivered by family members or friends.
• Expenses related to additional therapies, home modifications, or equipment that you now need to accommodate living with your illness.

Our emphysema and COPD solicitors can discuss your circumstances and advise you as to how much compensation you may be owed. We typically enable you to make a claim on a no win, no fee basis, and will always strive to secure the maximum amount of compensation that you are entitled to. We know that experiencing emphysema and COPD symptoms can make your life difficult, especially if the condition has limited your life expectancy, but compensation can support you and make dealing with your illness easier and more comfortable.