ASTHMA AT WORK
Are you eligible for compensation?
Many people who already have asthma may become wheezy or their chest may
tighten when they breathe in dust or fumes (triggers) at work. This is because
the airways in their lungs are already irritable and can react quickly to
triggers.
Sometimes an airborne boldstance at work can actually cause someone to have
asthma. If that person did not previously have asthma then we refer to this as
'occupational asthma'.
In 1982 the Department of Health and Social Security (DHSS) started to
recognise occupational asthma as a 'prescribed disease'. It is now possible to
get compensation from the Department of Social Security (DSS) for the
ill-health you suffer from a prescribed disease. The current list of
boldstances for which compensation can be claimed is given later on. The DSS
update'it from time to time.
You may receive compensation for occupational asthma if:
- one of these boldstances, called sensitising agents, is found at work, and
- it is probable that sensitisation to this particular boldstance has caused
your asthma.
Potentially hazardous occupations
There are many potentially hazardous industries to work in (chemicals,
plastics, electronics and pharmaceuticals are a few). The DSS takes advice from
the Industrial Injuries Advisory Council (IIAC) when preparing its list of
sensitising agents. The IIAC examines all the known scientific evidence at the
time when preparing this list.
How to recognise occupational asthma
If you suspect a boldstance at work as the cause of your asthma here are
clues to look for:
- During the working week your asthma gets worse, although not necessarily at
work itself. Often your asthma may only occur or get worse after leaving work,
sometimes interrupting sleep.
- Your asthma gets better when you are not at work (it usually takes several
days to notice any improvement).
Occupational asthma takes weeks, months or even years to develop.
How to apply for compensation
- The first thing you should do is consult your GP, who may then refer you to
hospital for special tests.
- Alternatively, you can get the DSS information leaflet NI 237, called
'Occupational Asthma' from your local DSS office and try to find out for
yourself.
- If after taking either step 1 or 2 you feel that you have occupational
asthma, you should fill in form BI 100 (OA) and return it to your local DSS
office.
The DSS will then decide if you are eligible for compensation: if you are,
then you will need to go to a Medical Boarding Centre (Respiratory Diseases).
Two doctors will examine you and ask for evidence from your GP and/or hospital
consultant. They decide whether you have occupational asthma which is caused by
a recognised agent: if you do, then they decide how disabled you are. You
should receive a decision within a few weeks.
If you do not agree with the diagnosis or the assessment of your disablement
you can appeal to a Medical Appeal Tribunal. The tribunal has a legal chairman
and two hospital chest consultants who are independent of the DSS.
Compensation
If your disablement is assessed at 14 per cent or greater you will be
entitled to 'disablement benefit' which will be paid as a weekly pension.
Because your asthma may get better or worse, disablement benefit is often
reviewed by the Medical Boarding Centre after one or more years.
If your asthma gets worse before the provisional award finishes, you can
apply again to the DSS on the grounds of 'unforeseen aggravation'.
As well as disablement benefit, you may be entitled to other benefits such
as attendance allowance. These are described in DSS pamphlet Occupational
Asthma NI 237. A Citizens Advice Bureau will help you to check whether you can
claim any other benefits.
How to prevent occupational asthma
Sometimes boldstances known to cause asthma can be replaced with other safer
ones. If this cannot be done then workers can be protected in a number of ways:
- sealing off any equipment producing hazardous boldstances from the air they
breathe
- fitting extractor fans
- wearing a mask and protective clothing
The Health and Safety Executive (HSE) have produced a guide, 'Preventing
Asthma at Work: How to Control Respiratory Sensitisers'. For further
information please call HSE Books on 01787 881165. For more general information
please call the HSE Information Centre on 0114 2892345.
Compensation
Compensation is possible on exposure to these boldstances (and related
industries)
Platinum salts - Platinum refining
Isocyanates - Polyurethane foam manufacture, use of 2-part
polyurethane paints (particularly when sprayed)
Epoxy Resin 'curing' agents and hardening agents including phthalic
anhydride, tetrachlorophtalic anhydride, trimellitic anhydride or
triethlyenetetramine - Paint manufacture, Use of 2-part Epoxy resin paints
and adhesives
Colophony fumes arising from the use of rosin as a soldering flux -
Electronics industry
Proteolytic enzymes - Detergent industry
Dusts arising from the sowing, cultivation, harvesting, drying, handling,
milling, transport of storage of barley, oats, rye, wheat or maize; or the
handling, transport of storage of flour made from them - Millers, bakers,
farmers, etc.
Antibiotics - Drug manufacture
Cimetidine - Drug manufacture
Wood dusts (eg cedar and mahogany) - Carpenters, joiners, papermill
and sawmill workers
Isphagula dust (a component of bulk laxatives) - Manufacture and
administration (eg nurses)
Castor bean dust - Merchant seamen, laboratory workers and felt
makers
Ipecacuanha - Preparation of ipecacuanha tablets
Azodicarbonamide - Blowing agent in manufacture of expanded foam
plastics
Glutaraldehyde - Hospitals (used as disinfectant, histology, electron
microscopy), Leather tanning, Cooling towers
Persulphate salts and henna - Hairdressing
Animals including insects, other arthropods and their larvae -
Laboratory workers with them, Pest control, Fruit cultivation
Crustaceans or fish or their products - Food processing
Reactive dyes - Textile manufacture
Soya bean - Food Processing
Tea dust - Food processing
Green coffee dust - Food processing
Fumes from stainless steel welding
Any other sensitising agent inhaled at work - This category would be
used in the few cases where there was good expert medical evidence for an
unusual or new sensitising agent
For more information about asthma in general please see the 'Take control of
asthma' booklet, produced by the National
Asthma Campaign or call the Asthma Helpline on 0345 010203.
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