COPD and Emphysema Claims Solicitors

Yes, you can claim if you have contracted COPD or emphysema because of an employer’s negligence. Most of our claims are made using a no win no fee agreement. We can explain how this works, along with other funding options, over the phone—get in touch to let us know about your case and see if you have a claim today.

COPD (Chronic Obstructive Pulmonary Disease) is a term used for a group of conditions that affect the lungs. It includes:

• Emphysema
• Chronic bronchitis

Emphysema is one specific type of COPD that involves damage to the tiny air sacs (alveoli) in the lungs.

If your loved one left a valid Will, the executors appointed by that Will can bring a claim on behalf of their estate. If your loved one died intestate (without a valid Will), there are certain family members who are entitled to act as the administrator of their estate.

There is an order of priority to act as an administrator, which is dependent on the relationship with the deceased. The executor or administrator is also known as the personal representative.

The personal representative effectively makes the claim on behalf of your loved, taking into account the following:

• Loss of earnings
• Care and support
• Medical expenses
• Their pain and suffering.

Any compensation awarded will be distributed according to their Will or the intestacy rules.

If you were dependent on the person who died, financially or for services, you may have a claim in your own right. However, in most circumstances, this type of claim is made by the deceased’s personal representatives at the same time as the claim on behalf of the deceased’s estate.

We know accessing the right support after the loss of a loved one can feel complicated. Find out how we can help you by reading our guide to fatal claims.

Usually, you’ve three years to make an industrial disease claim. This three-year period starts from the date you became aware your symptoms could be linked to your work environment. This period doesn’t start from developing symptoms, or from an exposure or injury occurring. It’s from the date you realistically knew your illness was work-related.

As a result, you could still make a claim years or decades after the incident or exposure that caused your illness. 

If you were working abroad when the illness/injury happened, you may have less than three years to make a claim.

If you’re claiming on behalf of a loved one who died, the three-year period starts from the date they died, or the date you received the post-mortem results. If your loved one was already making a claim when they died, the three-year limit starts on the date of their death.

If it’s been longer than three years since you found out your illness was linked to your job, a court could extend the time limit. However, this is decided on a case-by-case basis. Contact us to discuss your options.

As each claim is unique, it’s hard to predict how much compensation you’re eligible for. It’ll depend on:

• Your pain and suffering
• The severity of your illness
• Any mobility aids you may need
• Your medical and travel expenses
• Any current and future loss of earnings
• Your current and future care and support needs
• If you’ve needed any modifications to your home.

To get a more accurate idea of how much compensation you could get, contact us today.

When we put our case together, your employer (or former employer) can either accept blame early on or challenge our findings. If they disagree that they're responsible, we might have to start court proceedings. This can also be the case if they accept the blame but disagree with the amount of compensation that we feel you need, or if the three-year period for making a claim is due to expire.

We’ll always discuss your options with you before initiating court proceedings, but it can often lead to better outcomes. It does not necessarily mean that your case will go to Trial: most claims still settle out of court. On the rare occasion that you do have to go to court, we'll be there to represent and support you.