Work Related Disease
Work related illnesses are very common, and it is estimated by the Health and Safety Executive (HSE) that in the United Kingdom approximately 2.1 million people per year have or are still suffering from an illness that they believed was either caused or aggravated by a job that they had performed. A work-related disease or illness can be very distressing, particularly if it leads to long periods of time off work or causes long-term or permanent medical problems. If you believe you are suffering from an illness or disease that you may have contracted at work, or that your job may have aggrevated, you should investigate whether or not you have the right to make a claim.
It is important to remember that despite the best intentions of workplace health and safety controls, it is not uncommon for people to develop an illness or disease after coming into contact with a harmful substance in their workplace. An employer has a duty to protect their workers from hazardous substances as well as any situation in the workplace that may cause harm or the risk of contracting an industrial illness. If an employer fails to do this, or the employee believes the employer has been negligent, there may be grounds to make a claim.
Examples of this duty of care in practice includes noise levels and the use of chemicals in the workplace. Employers in a particularly noisy environment have a duty to reduce the noise to an acceptable level and, where this is impossible, to supply ear defenders that prevent deafness or noise-induced hearing loss. It is the worker's responsibility to wear them. Similarly, where contact with dangerous chemicals is unavoidable, an employer should investigate the option of substituting dangerous chemicals with less harmful ones and minimising contact with the substances as much as possible. If there is no way around working with dangerous chemicals, protective clothing must be provided which the worker is responsible for wearing at all times.
If you believe you have been exposed to harmful substances you should seek medical attention immediately and then report the incident to the appropriate authority. Wherever possible, write a detailed account of the incident whilst it is fresh in your mind, including the names and addresses of any witnesses.
If you believe you have good grounds for a claim for personal injury, you should make your case within three years of the date of the accident. This is often known as the limitation period.
In some circumstances this limitation period commences from the date the injury was identified, rather than the date that it was caused. In cases where a claimant is less than 18 years old, is suffering from a mental disorder, or in cases where a disease has taken some time to develop after exposure to a harmful substance before manifesting itself, it is acceptable to ask the court to waive the three-year limitation period.
When a claimant dies part way through an injury compensation claim, the three year deadline will recommence from the date of their death to allow the family of the claimant time to continue with the claim if they decide to do so.
Personal injury compensation awards vary according to the seriousness of the injury or disease contracted and the level of financial loss that has incurred as a result. In a court of law, compensation is awarded for pain, suffering and any deterioration in lifestyle that has been caused after the incident. The court assesses medical evidence of how the claimant is affected, normally in the form of specialist reports, as well as considering the claimants future prospects in life.
Accident compensation covers financial losses suffered as a result of an industrial incident and it aims to return the claimant to their financial position before the accident occurred. In more serious cases it will cover property and vehicle alterations and on-going care costs, including care that is provided by the family. Where the claimant has died as a result of their exposure, funeral expenses and compensation to any living and dependent relatives are usually paid.
It is important to remember that despite the best intentions of workplace health and safety controls, it is not uncommon for people to develop an illness or disease after coming into contact with a harmful substance in their workplace. An employer has a duty to protect their workers from hazardous substances as well as any situation in the workplace that may cause harm or the risk of contracting an industrial illness. If an employer fails to do this, or the employee believes the employer has been negligent, there may be grounds to make a claim.
Examples of this duty of care in practice includes noise levels and the use of chemicals in the workplace. Employers in a particularly noisy environment have a duty to reduce the noise to an acceptable level and, where this is impossible, to supply ear defenders that prevent deafness or noise-induced hearing loss. It is the worker's responsibility to wear them. Similarly, where contact with dangerous chemicals is unavoidable, an employer should investigate the option of substituting dangerous chemicals with less harmful ones and minimising contact with the substances as much as possible. If there is no way around working with dangerous chemicals, protective clothing must be provided which the worker is responsible for wearing at all times.
If you believe you have been exposed to harmful substances you should seek medical attention immediately and then report the incident to the appropriate authority. Wherever possible, write a detailed account of the incident whilst it is fresh in your mind, including the names and addresses of any witnesses.
If you believe you have good grounds for a claim for personal injury, you should make your case within three years of the date of the accident. This is often known as the limitation period.
In some circumstances this limitation period commences from the date the injury was identified, rather than the date that it was caused. In cases where a claimant is less than 18 years old, is suffering from a mental disorder, or in cases where a disease has taken some time to develop after exposure to a harmful substance before manifesting itself, it is acceptable to ask the court to waive the three-year limitation period.
When a claimant dies part way through an injury compensation claim, the three year deadline will recommence from the date of their death to allow the family of the claimant time to continue with the claim if they decide to do so.
Personal injury compensation awards vary according to the seriousness of the injury or disease contracted and the level of financial loss that has incurred as a result. In a court of law, compensation is awarded for pain, suffering and any deterioration in lifestyle that has been caused after the incident. The court assesses medical evidence of how the claimant is affected, normally in the form of specialist reports, as well as considering the claimants future prospects in life.
Accident compensation covers financial losses suffered as a result of an industrial incident and it aims to return the claimant to their financial position before the accident occurred. In more serious cases it will cover property and vehicle alterations and on-going care costs, including care that is provided by the family. Where the claimant has died as a result of their exposure, funeral expenses and compensation to any living and dependent relatives are usually paid.
