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Industrial Disease Compensation Claim
If you want to start a claim for industrial disease Compensation then you should discuss your case with a specialist lawyer who deals with industrial disease cases such as Tylers Solicitors. This will ensure that your compensation claim has the best chance of success, because Tylers Solicitors have the competence and professional expertise required to process a claim for industrial disease sufferers.
If you want to proceed with your industrial disease compensation claim then you should call Tylers Solicitors (freephone) on 0800 699 0079 who can then proceed to talk you through your industrial disease compensation claim. Alternatively, if you are on your mobile phone, you can call 0333 577 0320, which is free to call with free minutes on your mobile phone. We are a No Win No Fee industrial disease personal injury solicitors.
When we work for our employer we fully expect them to make sure that our working environment is performing at an advanced level. There are many companies out there that take work safety seriously, and so they should, but not all companies are on the same wavelength. Some working environments are deemed unfit to work on but in the end it could be too late as the damage has already been done, and a lot of the work related illnesses stem from an industrial type job.
What is an industrial disease?
Industrial diseases (other related terms are industrial accident, industrial injury, or occupational disease) can be related to the materials used to manufacture products. One of the major materials used that causes many illnesses is asbestos, which can cause Asbestosis or Mesothelioma (and other illnesses).
Not all industrial claims are illness related. A bad working environment can cause harm to a worker at a factory or the correct equipment has not been provided. There could be a fault with a fork-lift truck as it has not been serviced, causing an accident at the factory. Repetitive stress injuries are caused by lifting goods that are too heavy, which can lead to chronic back problems. These types of illnesses and injuries are not usually noticed until it is too late, quite simply because you don’t think about it at the time, they tend to creep up on you unnoticed, which by then it is too late.
Unfortunately, it’s pretty common these days for people to develop a disease after coming into contact with dangerous substances in their places of work. If your employer has got you exposed to harmful or dangerous substances and developed an illness as a result, you may consider filing for industrial disease compensation claims for the injuries which you have sustained. It’s the duty of every employer to protect its employees from hazardous situations and dangerous substances so as to reduce the possibility of developing industrial diseases.
For instance, if your working environment has too much noise, it’s the duty of your employer to ensure that the employees are provided with the right tools to prevent deafness and other forms of hearing loss. If your employer provides you with ear defenders, it’s your duty to ensure that you wear them all of the time. If your job entails coming into contact with dangerous chemicals, and you have investigated and found out that its not possible to replace these chemicals with less hazardous ones, it’s the duty of the employer to ensure that the employees are provided with protective attire to wear at work.
Time Limits for Filing Industrial Disease Compensation Claims
It’s important to take note of the fact that strict timelines apply when filing for industrial disease compensation claims. The case for compensation for asbestos related ailments should commence within three years, failure to which will become statute barred or time barred therefore preventing you from asking to be compensated. However, different rules may apply if you are pursuing compensation through courts of law that are situated outside Wales and England. Date of knowledge will always be taken seriously by the judge. In this case, date of knowledge is the date which the court presumes you knew or should have known that the disease which you have contracted was caused by wrongdoing on the side of other persons.
Making an industrial disease compensation claim
But there are a few exceptions to the time limitations. For instance, the court will take into account the condition of the affected person, age and many more. Injuries that are suffered by minors may not start until when he or she is 18 years old. However, it’s important to for the minor to commence the case before turning 21 years because this could make the case time barred. Again, if you suffer mental health and admitted in an hospital, you will be allowed three years to recuperate after when discharged from hospital or when the disability ceases. In some instances, you will discover that it may at times take many years for you to be diagnosed with asbestos related ailments and if this is the case, you have to get a written confirmation from a licensed doctor stating that the condition which you have been diagnosed is due to exposure to asbestos or any other substance that cause industrial disease. However, if you are of the opinion that the mental problems which the person suffers was as a result of exposure to hazardous working conditions or dangerous substances at work, the case which you will bring up will be a little more complicated.
Industrial Disease Support Organisations
Suffering from an industrial or work disease can be painful and frustrating. There are organisations in the United Kingdom that can help provide you with the support and help which you need to cope with an industrial disease and among them include:
Asthma UK – This is a charitable body that helps better the lives of people affected by cancer.
NHS – This is an educational resource which offers guidelines on causes, triggers as well as treatments for asthma.
Cancer Research UK – This organisation provides information to cancer sufferers and their families in the UK. They concentrate on how to care for cancer patients and related issues.
HSE – Offers information about occupational health and safety.
Completed Industrial Compensation Claim Cases
There are people who have suffered ailments because of dangerous exposure at the work place and have filed industrial disease compensation claims. Many of them who prove the case beyond doubt get compensated. If you are one of those who have suffered harm, working with a reputable lawyer will help. Here are a few cases which have been argued out and compensation paid.
Widow gets paid £190,000 after the husband dies of mesothelioma: The lady contracted a solicitor who assisted the widow from Cheshire to get £190,000 after her husband was diagnosed with mesothelioma. Her husband had worked in several power stations in North West England which made him exposed to asbestos and asbestos fibers.
Robin Cambell’s Widow is awarded £175,000 compensation: Robin Cambell was working as a fire fighter where he was exposed to asbestos. Several years later, he was diagnosed with mesothelioma which was believed to have been caused by his exposure to asbestos. The widow had to cope up with premature death and decided to ask for compensation on the grounds of lost income and determination to obtain justice for her dead husband.
Widow gets £112,000 compensation for death of husband: The industrial disease compensation claims case was being handled by a solicitors. The barristers helped the widow recover a total of £112,000 in compensation after she lost her husband to asbestos related cancer. His former employers were held responsible for exposing him to dangerous asbestos 5 years before.
Mr. Hines widow wins £152,000 in compensation: Another case was brought up by the widow of Mr. Hines who was regularly employed as a plumber with Cammell Laird Shipbuilders and Birkenhead Corporation. His work exposed him to asbestos regularly and did not have the necessary protective devices. Also, there were no warnings provided by the employer. Later, he was diagnosed of cancer or mesothelioma. The widow sued through a solicitors in Liverpool who brought the case to an happy ending within the shortest time possible.
With the above information, anyone who is planning to file for Industrial disease compensation claims will know how to go about. There are several challenges which a person may face but with the help of experienced barristers, the Industrial disease compensation claims case can be brought to a successful ending. You can get support from the support groups mentioned.
Tylers Solicitors are experts in industrial illness claims and can guide you on your way to the claim that you deserve. Call us today on 0800 699 0079 to see what we can do for you. Tylers Solicitors work on a no win no fee basis.