WorkClaim UK Editorial · June 2026 · ~5 min read
Quick Summary
- Occupational asthma is a respiratory condition caused or significantly worsened by exposure to substances at work
- More than 200 workplace substances are recognised triggers, including flour, isocyanates, wood dust, and laboratory animal proteins
- Employers have a duty under COSHH 2002 to assess and control exposure to respiratory sensitisers
- The three-year limitation period runs from the date of knowledge — when you first knew your asthma was work-related
- Compensation includes general damages (JCG ranges £12,000 to £75,000+), loss of earnings, treatment, and the cost of having to leave the trade
What is occupational asthma?
Occupational asthma is asthma that is caused, triggered, or significantly aggravated by exposure to substances inhaled at work. It is distinct from pre-existing asthma made worse by general workplace conditions, although both can give rise to a claim.
The Health and Safety Executive (HSE) lists more than 200 known asthmagens. The most common include:
- Isocyanates — paint sprayers, vehicle body shops, foam manufacture
- Flour and grain dust — bakers, millers, food production
- Wood dust — joiners, carpenters, sawmill workers
- Laboratory animal proteins — researchers, vet nurses
- Soldering flux (colophony) — electronics assembly
- Cleaning chemicals — healthcare, hospitality
- Latex — healthcare workers
Can you claim compensation for occupational asthma?
Yes, where your employer failed to control your exposure to a substance hazardous to health. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to:
- Assess the risk of substances they use
- Substitute safer alternatives where reasonably practicable
- Provide engineering controls (local exhaust ventilation)
- Provide suitable respiratory protective equipment (RPE) and face-fit testing
- Carry out health surveillance for workers exposed to respiratory sensitisers
- Train and inform workers about the risks
A failure in any of these areas may give rise to a negligence and breach of statutory duty claim.
What compensation can you claim?
The Judicial College Guidelines bracket occupational asthma awards by severity:
| Severity | Description | Indicative range |
|---|---|---|
| Mild | Occasional wheezing, minimal effect on work or daily life | £12,000 – £24,000 |
| Moderate | Regular symptoms, some impact on employment and lifestyle | £24,000 – £45,000 |
| Severe | Permanent breathing disability, unable to continue in the original trade | £45,000 – £75,000+ |
Special damages frequently include the cost of retraining for a new occupation, ongoing medication and inhalers, private specialist treatment, and lost earnings — which can be substantial where the worker can never return to the trade in which they qualified.
How is the claim proved?
An occupational physician will be instructed to confirm the diagnosis, identify the causative substance, and link the exposure to the workplace. Evidence usually includes:
- Your occupational history (jobs, dates, duties)
- COSHH assessments and ventilation records from the employer
- Health surveillance records (employers must keep these for 40 years)
- Witness evidence about the substances used and the controls in place
- Specialist medical evidence including peak flow records and challenge testing
Frequently asked questions
When does the three-year time limit start for occupational asthma?
Limitation runs from the date of knowledge — the date you first realised the asthma was caused by work, often when your GP or specialist first told you. This can be many years after the exposure. Speak to a solicitor as soon as you suspect the link.
Can I claim if I have left the employer?
Yes. The claim is against the employer's insurer at the time of exposure, not your current employer. Insurers can be traced through the Employers' Liability Tracing Office (ELTO).
What if I had asthma before starting the job?
You can still claim for the work-related aggravation of pre-existing asthma. Compensation reflects the worsening caused by workplace exposure, supported by medical evidence comparing your condition before and after.
Find out if you have an occupational asthma claim
Free case assessment — or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).
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