Occupational asthma

Hi

I just wondered if anyone had been diagnosed with occupational asthma.

And of anyone has claimed or tried to claim for ""industrial injuries disablement benefit for occupational asthma"".

My Doc has done the Oasys 2 peak flow analysis and the result was 3.3 which indicates a high likelyhood to occuptional asthma. Because of this my employer is saying I can't do the job I'm employed to do and therefore they are applying for ill health retirement.

I just wondered how many others were in this situation or have been and what their experiences were.

Thanks

Truly x

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I applied for and got the industrial injury disablement benefit. I was assesed at 20% impairement of lung function. Gives me a whopping £28 per week - not much compensation for living with reactive airways! However, the application process was surprisingly straightforward. I had to get a letter stating my diagnosis from the GP and consultant and go for a medical. You do need to be able to identify the actual agent you are sensitized to for an OA claim and have good supporting documentation. If you don't want to take IHR, your company should explore other job options, including retraining, with you.

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Occupational hazards

Good advice to hang in there with your workplace and try and get reassigned to other duties within the same organisation. Your employer is required to do this if at all possible or practical.

What is your exposure at work and is it avoidable?

Are there other jobs within your company where you can work without being exposed to these trigger products or environment or other?

What are your triggers and is the exposure to them limited to certain times or events or continuous? If not continuous, can someone else be assigned those tasks from your duties?

The amount receivable seems paltry...its worth putting your employer under pressure.

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Thanks guys

Things go from bad to worse...

I work in the NHS in a clinical role. My consultant thinks I am allergic to the cleaning products used in the clinical area. My employer is saying if I can't work in the clinical area then I can't do the job I am employed to do and therefore they can terminate my contract. They do not have a duty to offer me alternative employment or retraining. If they terminate my contract I then have to apply for ill health retirement which I might not get.

I can be left with no job and no pension, a sickness record which would put any other employer off and a bad chest!!!

At the mo I'm working from home as I can do this in my current role but this role ends in September.......

What is so annoying is that if my consultant is right it's there fault. I didn't have asthma before I started this job. I'm not sure if I can claim compensation... if I broke my leg at work and it was their fault I'd be able to get compensation but having a debilitating life long illness does not seem to be as important

Moan over..

Thanks

Truly x

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Re compensation: your employer has a 'duty of care' to you. If you can show that they were at fault e.g. unsafe working practices, then you can claim compensation. You need to get legal advice on this. I had free legal advice under my mortgage, otherwise your union (if you have one) or the CAB may be able to help. The key question is 'could your employer have predicted this was going to happen to you or was it a one in a million freak occurrence' . To get IIB you don't have to prove fault, just that your asthma was due to work.

If your condition is going to last more than 6 months and has a substantial impact on you then you are covered by the DDA and they have to explore other options with you. You can get advice on your rights under the DDA from The Equality and Human Rights Commission helpline. Another useful contact is the Disability Employment Adviser at the local jobcentre (jobcentreplus.gov.uk). An adviser can discuss your current work situation with you. If you are in danger of losing your job for a reason to do with your disability or health condition, they can give you and your employer advice, and explore practical ways to help you keep your job. Definitely worth a call as the job centre want to keep you in work, not adding to the unemployed statistics!

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Truley there are chemicals they can use that are lung friendly, when I was in hospital for my tummy trouble they kept in a side room to keep me away from the main ward and chemicals the other alternative was to transfer me to the resp ward where they use lung friendly chemicals - obviously. The RBH use chamicals but they are also lung friendly (unless they use too much) so there are very easy ways around your problem. You just need to get your eomplyer to do something about the problem.

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Thanks again for the advice.

I saw the occ health doc today who was surprisingly supportive. He feels I can continue to work but in a different area which is a relief. He is happy to support me and advise my manager that I can work.

The saga continues............... LOL!

Truly x