Can I claim compensation for Reactive Airways Dysfunction Syndrome after breathing in chlorine gas at work? How much will my RADS compensation claim be worth?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

Can I claim compensation for Reactive Airways Dysfunction Syndrome after breathing in chlorine gas at work? How much will my RADS compensation claim be worth?

Answer:

A claim for compensation for Reactive Airways Dysfunction Syndrome should be possible provided that the accident which caused chlorine gas to leak was caused by employer negligence or the negligence of another third party.

Due to the danger of employees developing Reactive Airways Dysfunction Syndrome from a single exposure to a respiratory irritant, an employer must be particularly attentive to health and safety issues in the workplace. Any occupational setting which involves the use of chemicals, gasses or powders places employees at a high risk of developing RADS, irritant induced asthma and other serious lung disorders. If you are required to work with chlorine gas, your employer should have taken steps to ensure that you were provided with appropriate health and safety equipment such as breathing equipment or a gas mask.

However, if the leak was caused by a faulty gas cylinder this may not be the fault of your employer, and it may not have been possible for your employer to take any steps to prevent such an accident. In such cases, a claim for compensation for Reactive Airways Dysfunction Syndrome should still be possible, although the RADS claim may need to be made against the insurance company of the supplier or manufacturer of the gas cylinders. Establishing negligence is the first step of claiming compensation for Reactive Airways Dysfunction Syndrome, and a personal Injury solicitor should be contacted in this regard to help establish whether there has been negligence. You will also receive assistance with filing your claim for RADS and with obtaining a professional medical opinion on the extent and severity of your condition.

A claim for RADS is often vital due to the severity of the symptoms of the condition which can be highly debilitating. Compensation for RADS will reflect the extent of the damage caused and the severity of the condition and whether permanent damage has been caused. The level of compensation for RADS that you are entitled to claim will depend on many factors; the severity of your injuries, any long lasting effects from chlorine gas exposure, and even your age, sex and general state of health at the time of the accident can have an influence on how much compensation for RADS you are entitled to receive.

In order to determine the severity of your injuries to your respiratory system caused by the gas exposure, you will need to have a full examination completed by a doctor. A personal injury solicitor will be able to arrange for medical experts to examine you to ensure that every aspect of your injury can be factored into your claim. Only once the full extent of your injuries have been determined will it be possible to indicate the likely range of compensation for Reactive Airways Dysfunction Syndrome which is likely to be awarded.