Occupational asthma, lung diseases and workers’ compensation

Shine Lawyers has a strong history of representing people who develop a lung disease after exposure to a hazardous substance as part of their work. Symptoms of occupational asthma and other occupational lung diseases may not be present until many years after your exposure at work. Occupational asthma and occupational lung diseases can profoundly impact your quality of life and cause complications that can sometimes result in death. 

We pursue occupational asthma and occupational lung disease workers’ compensation claims Australia-wide. If you or your loved one has been exposed to hazardous substances at work, get in touch with us today.  

Shine Lawyers can help you determine your rights and entitlements under Australian law. As part of our service offering, we provide all workers’ compensation claims services on a No Win, No Fee* basis, which means you don’t have to pay our legal fees unless we win your claim at the end (*conditions apply).

What is occupational asthma? 

There are over 30 different types of lung disease. Internationally, workplace exposure is believed to account for approximately:  

• 15% of adult-onset asthma 

• 15% of chronic obstructive pulmonary disease (COPD) 

• Between 10%-25% of lung cancer 

Occupational asthma causes include exposure to dusts, chemicals and other substances in the workplace.  

Who is most at risk of developing occupational asthma? 

Occupational asthma is most prevalent where work tasks, practices or materials mean workers are exposed to hazardous substances, usually at a high level or over a long period of time. 

Examples of the types of industries and professions where workers are most likely to be exposed include: 

• Agriculture, such as farming 

• Working with animals 

• Metal work 

• Wood work 

• Food preparation 

• Cleaners 

• Carers 

• Nurses 

What are common allergens and irritants that may cause occupational asthma? 

The common allergens and irritants that may trigger occupational asthma are called asthmagens. These include: 

• Bio-aerosols, such as moulds in rotting food 

• Flours 

• Metal working fluids 

• Latex (such as in gloves) 

• Insects or mites (such as in animal saliva, skin or fur) 

• Industrial cleaning and sterilising agents 

• Epoxy resins and adhesives 

• Wood dusts such as western red cedar 

What are other occupational lung diseases? 

Other occupational lung diseases include: 

• Silicosis 

• Pneumoconiosis 

• Asbestos-related conditions, such as mesothelioma 

Occupational asthma symptoms 

Occupational asthma symptoms, and those common to other occupational lung diseases, include: 

• Wheezing 

• Shortness of breath 

• Nasal congestion / runny nose 

• A feeling of tightness in your chest 

• Eye irritation 

What to do if you’re exposed 

Symptoms of occupational lung diseases can take years to develop, even many years after your workplace exposure. If you or a loved one develops symptoms and you believe it may be work-related, it’s important to immediately seek medical advice and legal advice. Find out more here.  

How can you claim occupational asthma compensation?  

Occupational asthma and other occupational lung diseases can cause serious issues and complications. Recovering compensation to help ease the financial strain these conditions can cause is well within your rights.  

As soon as you are concerned that you or your loved one may have occupational asthma or another occupational lung disease, contact Shine Lawyers for an obligation-free appointment.  

We can assist with managing your workers’ compensation claim from start to finish, to ensure you can access the compensation you’re entitled to. Strict time limitations apply, so it’s important to act quickly.  

Time limits to claim compensation 

Your claim is made in the state or territory where your exposure to a toxic substance occurred. Each Australian state and territory has different laws and strict time limitations for making a compensation claim for an occupational lung disease. Depending on your circumstances, your claim would be for workers’ compensation, and you may also be eligible for other benefits through your superannuation.  

The causal connection between your work and your injury 

If you have occupational asthma or another occupational lung disease, you may be able to claim, even if: 

• You’re no longer working at the place of exposure 

• Your employer is no longer in business 

• You were self-employed or engaged as a contractor 

• You are or were employed by multiple organisations 

• You suffered second-hand exposure  

• You are or were a smoker 

Your legal team must establish that exposure at work caused or made your condition worse. The onus is usually on you to prove the causal connection between your employment and your injury.  

In some cases it’s sufficient to establish that there’s a higher risk of developing an occupational lung disease because of the nature of your work. In such circumstances, the onus is on the workers’ compensation scheme in your state or territory to prove that your injury is not related to your employment.  

How much compensation do you get for occupational asthma?  

Each compensation claim for occupational asthma or an occupational lung disease is different. Each depends on the circumstances of your exposure at work and the impact of the disease on your life. Workers’ compensation claims for occupational lung disease have increased over the past decade. Depending on the nature of your occupational asthma claim, a monetary value is usually placed on the gap between your predicted life path before the condition, and your actual life path since being diagnosed. 

Superannuation and Disability Insurance  

If you can’t work due to your occupational asthma or other occupational lung diseases, you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim.  

Learn more about Superannuation and Disability Insurance Claims