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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Occupational Asthma Claims

England & WalesLast reviewed 18 September 2026

Occupational asthma is asthma caused by a substance you breathe in at work, such as isocyanates, flour dust, wood dust or solder fumes. You may have a claim if your employer failed to control exposure under the COSHH Regulations and you developed asthma as a result.

What Employers Must Do

Direct Answer: Under COSHH, employers must assess the risk from hazardous substances, prevent exposure or adequately control it, provide health surveillance where needed and give information and training, with particular care for known respiratory sensitisers.

Failures include poor ventilation or extraction, no respiratory protection, no substitution of a safer substance, no health surveillance for exposed workers, and not acting on early symptoms.

Proving the Link to Work

The pattern of symptoms is important: asthma that improves on weekends and holidays and worsens at work suggests an occupational cause. Serial peak flow measurements, specific challenge testing and specialist respiratory opinion are the usual evidence, alongside the substances you worked with and any safety data sheets.

Effect on Your Career

Once sensitised, further exposure can trigger severe attacks, so many people cannot continue in the same job. Compensation can therefore reflect loss of earnings or retraining costs as well as pain, suffering and the impact on daily life.

Frequently Asked Questions

What causes work-related asthma?

Breathing in sensitising substances such as isocyanates, flour and grain dust, wood dust, latex, enzymes, solder fumes and certain chemicals. HSE guidance lists the main causes and jobs.

How is occupational asthma diagnosed?

Through specialist assessment, usually with serial peak flow readings at work and away from work, and sometimes specific tests, together with your work history.

Can I claim if I had asthma before?

Yes, if work exposure caused a new asthma or made existing asthma materially worse. The expert separates the effect of work from pre-existing asthma.

Do I have to leave my job?

Not always. Sometimes exposure can be prevented or reduced, but where sensitisation is established many workers cannot safely continue, and loss of employment is part of the loss claimed.

What if my old employer no longer exists?

You may still be able to claim. Employers' liability insurance can often be traced through the Employers' Liability Tracing Office, and a dissolved company can sometimes be restored to the register so that its insurer can be pursued. Do not assume the claim is lost.

How long do I have to bring a occupational asthma claim?

Generally three years from your date of knowledge: when you first knew you had a significant condition and that it might be work-related. It is not always the date of exposure, which is often decades earlier. A court has a limited discretion to allow late claims, but do not rely on it, and take advice as soon as you have a diagnosis.

Can I claim on a no win no fee basis for a work-related illness?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and if it succeeds a success fee capped at 25% of general damages and past losses is deducted from your damages. Disease claims need medical and occupational hygiene evidence, so ask how those costs are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677)

    Employers must assess and control exposure to hazardous substances such as dusts, fumes, isocyanates and chemicals that can cause asthma, dermatitis and lung disease.

  8. HSE — Occupational lung disease

    HSE guidance on work-related asthma, COPD, silicosis and other lung diseases and their prevention.

  9. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.