4 August 2020

Personal Injury and Clinical Negligence Following An Industrial Disease

In Part 4 of this series of blogs, we answer your questions about bringing a personal injury claim following an industrial disease such as Chronic Obstructive Pulmonary Disease (COPD), Mesothelioma, Asbestosis, Occupational Asthma, Vibration White Finger or Hearing loss.

What should I do if I have contracted an industrial disease?

  • Prepare a list of all employers you have worked for and places you have worked where you could have been exposed to a hazardous substance or suffered injury
  • Report the disease to a supervisor or manager and make sure an entry is put in your employer’s accident book if you are still employed.
  • Before signing any accident report, check what has been written carefully and ensure the circumstances and details of your injuries are correct.
  • Ask for a copy of the accident report.
  • Take photographs of any locations where hazardous substances are still accessible.
  • If there is any CCTV footage, request a copy and request that the footage is retained.
  • Speak to any colleagues who may have witnessed the exposure or suffered themselves to support your version of events.
  • Seek medical attention as soon as possible.
  • Keep any receipts in respect of any expenses you may have incurred as a result of the accident including prescriptions, parking charges, damaged clothing and any treatment costs.
  • Keep a diary of events including how your injuries are progressing, what care and assistance you require and what impact your injuries are having on your home and working life.

How long do I have to start a personal injury claim?

You normally have 3 years from the date of diagnosis or from when you realised the disease was related to your work. There are exceptions to this rule and it can be less than 3 years so you should contact us immediately for personal injury advice.

How much compensation will I receive?

The amount of compensation that you will receive will depend upon the seriousness of your injury and the financial losses that you have suffered. We will consider the Guidelines issued to Judges and Case law to value your pain and suffering as well as assessing all past and future losses and expenses.

How long will my claim take?

The length of a claim depends upon the type of disease and whether your employers or former employers are still in business and insured and whether the other party admits they were to blame or denies liability.

Will I lose my job if I bring a claim against my existing employer?

You are protected in law against unfair dismissal so your employer should not unfairly terminate your contract of employment.

In Part 5 we will answer your questions about bringing a claim following an accident in a public place

If you need any help or advice then please get in contact with our team of experienced personal injury lawyers.


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