Lung Injury Compensation Claims

The lungs are two spongy, air-filled organs that are situated on either side of the chest; their function is to supply oxygen to the body's internal structures and, as such, they play a vital role in the respiratory system.

The lungs are divided into areas called lobes. The right lung has three lobes, while the left lung has two. Air that is inhaled through the mouth or nostrils travels to the lungs via the trachea, a hollow, tube-like structure that typically measures around 4 inches in length.

Close to the lungs, the trachea splits into two airways, with one airway for each lung. These airways are called the left and right bronchus. These airways then divide further into bronchioles, smaller tubes that permeate the lung.

Air flows through the bronchioles. At the end of each bronchiole are tiny air sacs known as alveoli; it is from here that oxygen inhaled from the air passes into the blood, ready to be circulated around the body.

For us to be able to breathe properly, our lungs have to be kept in good condition. There are many irritants in our environment which can harm our lungs through disease.

Types of Lung Injury

Lung injuries often occur in non-fault accidents, on the road and in the work place. Common causes of lung injury include: road traffic accidents, falls and explosions. Wider groups at risk include: those exposed to harmful or secondary smoke at the scene of a fire (firefighters, police officers, ambulance crew); people who have been exposed to noxious chemicals (on site or in an industrial environment); people who have been exposed to toxic fumes that have seeped into the air; and children involved in fires or scalding incidents.

There are many types of lung injuries, each with their own set of symptoms and prognosis. Some common types of lung injury include:

• Acute respiratory distress syndrome (ARDS): This is a life-threatening condition that results in the lungs becoming inflamed and flooded with fluid. Symptoms include shortness of breath, rapid breathing, and chest pain. ARDS can often be fatal.
• Pulmonary embolism: This occurs when a blood clot becomes lodged in the lungs, blocking blood flow. Symptoms include shortness of breath, rapid breathing, chest pain, and coughing up blood. pulmonary embolism can be fatal if not treated promptly.
• A punctured lung. Any sharp object propelled by collision forces can penetrate the lungs, creating painful pressure on the victim’s body. This often happens when a window or windshield shatters in an RTA, creating shards of glass that puncture the chest. The force of impact can also cause broken bones to splinter, piercing the lungs. Typical symptoms of a punctured lung include pain, pressure, and shortness of breath.
• Collapsed Lung. In the worst of cases, a ruptured lung can lead to a collapsed lung. Symptoms of a collapsed lung include severe chest pain when inhaling, difficult breathing, and a persistent cough. These symptoms can cause breathing difficulties or even suffocation if the collapsed lung is left untreated. Treatment involves stabilization of pressure, most commonly through chest tube aspiration.

Lung Disease

Lung disease is a broad medical term that encompasses an array of disorders that affect the lungs, categorised into three main areas: lung circulation diseases, lung tissue diseases and airway diseases.

If your lungs have been injured because of circumstances outside of your control, then you may be able to claim compensation.

While we understand that no amount of money will undo the pain and suffering you will endured as a result of your lung illness, financial compensation can help to ease some of the financial burdens that are associated with being ill.

Compensation for lung injuries is typically awarded to victims of chronic respiratory disorders whose symptoms were caused by exposure to harmful dust or chemicals, often in the workplace.

Lung circulation diseases affect the blood vessels in the lung and are characterised by scarring, clotting or inflammation in the lungs. They affect the lungs' ability to carry oxygen and remove carbon dioxide efficiently from the blood supply. Diseases such as these often put additional strain on the heart.

Lung tissue diseases are diseases which have an impact on the structure of the lung tissue itself. Tissue inflammation or scarring tightens the lung tissue, preventing the lungs from expanding as they should. Such diseases are consequently termed restrictive lung diseases, and include conditions such as Sarcoidosis and Pulmonary Fibrosis.

Airway diseases are conditions that affect the airways that carry oxygen into the lungs; they result in the airways becoming blocked or narrowed. Such diseases include asthma, bronchiectasis and COPD (chronic obstructive pulmonary disease).

If you have developed a lung disease because of another person's negligence, you may be entitled to claim compensation. Here at PSR Solicitors we can help with your claim, contact us today.

Work-Related Lung Disease

Work-related lung disease affects individuals who are forced to carry out their occupational duties in environments that are unsafe and where hazardous materials, such as chemicals and dusts, are prevalent. Many respiratory compensation claims made for lung disease are levied against employers who failed to protect their employees from harm. Occupational lung diseases occur as a direct result of exposure to harmful substances in the workplace. The human body is sensitive to dust and fumes and the lungs can be adversely affected by exposure to such irritants. Usually, lung diseases occur as a result of prolonged exposure to harmful chemicals over a period of many years. According to the HSE, the following illnesses are the top causes of lung disease in workers.

Asthma

Work-related asthma can develop following exposure to a range of harmful substances. Asthma causes the airways in the respiratory tract to become smaller, with symptoms of the condition often including wheezing and breathlessness. Asthma can have a range of causes, but occupational asthma is asthma that has occurred because of the individual's working environment. A good test for occupational asthma is to leave the occupational environment and see whether symptoms reduce. Causes of occupational asthma include flour, dyes, adhesives, and chemicals, as well as dust.

COPD

Exposure to harmful particles can cause COPD. It is a chronic condition that causes the airflow from the lung to be obstructed. It is usually caused by smoking, but can also be caused by breathing in chemicals and dust, usually in occupational environments.

Emphysema

Emphysema is a condition in which the alveoli at the end of the lungs' bronchioles are destroyed as a result of exposure to irritants such as cigarette smoke or dust.

Lung cancer

Occupational lung cancer can occur as a direct result of prolonged inhalation of dangerous substances and chemicals including asbestos fibres, dust, or engine exhaust fumes.

Pneumoconiosis

Pneumoconiosis refers to a group of lung conditions, all of which are caused by inhaling dust and holding it in the lungs. Types include:

• Asbestosis and pleural thickening
• Coal worker's lung
• Bauxite fibrosis
• Silicosis

Silicosis is another type of pneumoconiosis that is caused by inhaling silica dust over an extended period of time. Silica is present in many different types of stone, and is released when the stones are cut or ground. As such, people who work in quarries, in brick manufacturing and in construction are most at risk.

Asbestosis

Asbestosis is caused by the inhalation of asbestos particles. In the past, it was common for individuals to work with asbestos; it was only after the substance's harmful effects became known that the use of asbestos in building materials ceased. The condition is caused by breathing in large amounts of asbestos dust over time. It is the most common form of pneumoconiosis.

The inhalation of asbestos can also cause other conditions, including the rare lung cancer, mesothelioma. Even now, when Asbestos has been outlawed for use, asbestos-related diseases kill around 5,000 people every year due to how long the condition can lay dormant, it is often several years after exposure that people find out they have the condition.

Between 2015 and 2017, Cancer Research stated that there were 2,727 new cases of mesothelioma, with the cancer causing 2,490 deaths. Mesothelioma is a type of cancer that directly targets the peritoneum (the lower digestive tract) and the pleura, which is the lining of the lungs. Mesothelioma is nearly always fatal.

Extrinsic allergic alveolitis

This is the name given to a group of lung conditions that develop following exposure to certain substances such as bacteria, fungi, animal proteins, plants and chemicals. Examples of these conditions include:

Farmer's lung

Farmer's lung is probably the most common allergic condition. It occurs when mold-causing microbes are inadvertently inhaled by workers as they move straw, hay or grain. When the crops are handled, the spores are disturbed and inhaled.

Proving Liability for Lung Illness 

For a compensation claim to be successfully levied in court, your employer has to be shown to be at fault for your lung illness. All employers have a legal duty to ensure that their employees are suitably safeguarded, and protected from harm. Steps your employer is legally expected to take include:

Completing regular, mandatory risk assessments and taking steps to reduce risk wherever reasonably possible.

• Removing or actively mitigating employee exposure to harmful substances or environments.
• Informing staff of the risks associated with the work they are undertaking, and providing training and other information to help minimise risk of illness.
• Changing the working environment to make it safer for staff; this could include installing safer machinery or fans to reduce the amount of dust in the air.
• Providing personal protective equipment to all staff, such as dust masks.

If your employer has not followed their legal duty appropriately, you should make a claim for compensation. Your workplace should be kept as free as possible of irritant materials, such as dust and fumes, and you have the right to make a personal injury claim in the event that you become ill because of your employer's negligence.

If you are suffering from an occupational lung condition and cannot prove that your employer was at fault, you may be able to claim through the Pneumoconiosis Worker's Compensation Act Scheme. The scheme allows employees to gain compensation for injuries suffered to their lungs even if their employer cannot be shown to be at fault. The scheme is particularly useful for people whose former employers may no longer be in business, or people who are unable to trace their employers.

Making a claim for lung disease can be harrowing, but our experienced team will work with you to make the process as easy and as stress-free as possible.

Making a Lung Injury Claim or Claiming Compensation for Lung Disease

If you have suffered injury to your lungs, or have acquired work-realted lung disease due to the negligence or actions of a third party, then PSR Solicitor’s specialist Injury Claim Solicitors will assist you in claiming the compensation you deserve.

By selecting PSR Solicitors to handle your lung injury compensation claim, you can be confident that they will work tirelessly on your behalf to secure you the maximum level of compensation available to you.

We will assess your claim in detail before advising you whether to proceed and in the unlikely event that the claim is unsuccessful, you’ll be protected by our No Win No Fee promise.

Every PSR Solicitors’ Personal Injury Lawyer in Wales and Injury Claims Solicitors in Cheshire is accredited by the Law Society for Personal Injury Claims. This affords you and your family the confidence that your claim is in the hands of an experienced and highly adept legal professional.

Covering North Wales and the Cheshire area, PSR Solicitors have offices in Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham, Wallasey, and Chester. They are one of the industry’s leading Personal Injury Law Firms and have an exemplary track record in securing the maximum compensation for their clients.

Our LEXCEL Accreditation, again by the Law Society, ensures you will receive nothing but the absolute best in client services, allowing you to focus on recovery and rehabilitation.