Chronic Obstructive Pulmonary Disease (COPD) caused by workplace exposure to dust, fumes, chemicals, or smoke is a serious occupational disease that can entitle sufferers to compensation. A COPD compensation claim through Hall Payne Lawyers allows workers who have developed COPD as a result of their employment to recover compensation for their medical costs, lost income, and the impact the condition has had on their quality of life. Hall Payne has experience in occupational lung disease claims and can advise on the options available to COPD sufferers.
COPD and Workplace Exposure
COPD is a chronic lung disease characterised by airflow obstruction and breathing difficulty. While smoking is a well-known cause, significant occupational exposure to respiratory irritants is also a recognised cause of COPD. Workers in industries including mining, construction, manufacturing, agriculture, and welding face elevated exposure to the dusts, fumes, and chemical vapours that contribute to COPD development. Where the workplace was a contributing cause of the condition, compensation may be available.
What You May Be Entitled to Claim
A successful COPD compensation claim can include:
- Workers compensation — income replacement and medical expenses through the state workers compensation scheme
- Common law damages — compensation for pain and suffering, loss of enjoyment of life, and economic loss where the employer was negligent
- Dust disease compensation — specific dust disease tribunals in some states provide compensation pathways for occupationally acquired lung disease
- Superannuation TPD claims — total and permanent disability benefits through superannuation if COPD has prevented return to work
How Hall Payne Helps COPD Claimants
Hall Payne assists COPD sufferers through every stage of the compensation process — assessing the available claim types, gathering medical evidence connecting the COPD to workplace exposure, identifying the relevant employers and insurers, and pursuing the claim to achieve the best possible outcome. The team understands occupational disease law and the specific challenges of COPD claims.
Frequently Asked Questions
Can I make a COPD claim if I also smoked?
Yes. The fact that smoking may have contributed to your COPD does not automatically prevent you from claiming compensation for occupational exposure that also contributed. Occupational exposure and smoking can both be contributing causes of COPD. Hall Payne will assess your exposure history and medical evidence and advise on the viability of a claim given your specific circumstances.
How do I prove my COPD was caused by work?
Establishing the link between COPD and workplace exposure requires medical evidence connecting the condition to the relevant exposures, combined with evidence of the occupational exposures themselves — work history, industry records, and expert evidence about the risks associated with the relevant workplace environment. Hall Payne engages specialist occupational physicians and legal experts to build this evidence base.
Is there a time limit for making a COPD compensation claim?
Time limits apply to COPD compensation claims and vary depending on the type of claim and the state where the exposure occurred. For occupational disease claims, time limits often run from the date of diagnosis rather than the date of exposure. Contact Hall Payne as early as possible after diagnosis to protect your right to claim.
What if the employer who exposed me to dust or fumes no longer exists?
It may still be possible to make a COPD compensation claim even if the responsible employer has closed or gone into liquidation. Their insurer may still be liable, or there may be other avenues available depending on the industry and jurisdiction. Hall Payne has experience tracing historic employer insurance and pursuing claims in these circumstances.
Do I need to stop working to make a COPD compensation claim?
No. You can make a COPD compensation claim while still working, provided the condition was caused by past occupational exposure. If the condition has progressed to the point where it limits your capacity to work, this loss of capacity is factored into the compensation claim. Hall Payne will advise on how your current work situation affects your claim.