If you suspect you’ve contracted occupational cancer as a result of exposure to hazardous substances, you could be eligible to make a personal injury compensation claim.
If you have developed an occupational cancer, you may be entitled to claim compensation. A substance is said to be an occupational carcinogen if it has been proven that prolonged exposure to the substance can increase your chances of developing a certain kind of cancer.
For example, if you have worked around carcinogens in the workplace such as asbestos, radiation, or silica, you could be at risk of developing specific cancers.
In the unfortunate event you are diagnosed with occupational cancer, while we can’t undo the damage caused by regular exposure to carcinogens, we can put you in touch with industrial disease solicitors who can help you get the justice and compensation you deserve.
To find out more about personal injury claims, call a trained legal adviser for free on 0800 234 6438, or fill in the online form and request a call back.
The first step in claiming compensation for occupational cancer is identifying the type of cancer you have and its cause. This can be a difficult process, as there are many types of cancers that are work-related, but could also be the result of other factors like lifestyle habits and genetics.
There are three main ways that someone may develop an occupational disease:
Work related cancers are caused by the exposure to carcinogenic chemicals in the workplace. These chemicals aren’t limited to asbestos, they can include other substances like radon, diesel fumes, and diesel exhaust which can cause a wide array of cancers.
Most common occupational cancers include:
If you suspect that your work could have given you occupational cancer, it’s important to know what the symptoms are.
The most common signs of occupational cancer include:
An employer’s duty of care can be thought of as a general responsibility to take reasonable steps to ensure the health and safety of their employees. The law requires employers to carry out certain obligations in order for them not to be held liable for any injuries sustained by their employees in the course of their employment.
Employers are legally bound to have a duty of care to their employees, which means they must take reasonable measures to ensure that they are not harmed during work.
In the case of occupational cancer, an employer fails in their legal duty of care if they are aware that there is a risk of exposure to carcinogens at work, yet they have failed to do anything about it.
An occupational cancer claim is a compensation claim made against an employer for failing to provide a safe working environment, or putting in place processes to ensure the safety of the employee.
In order to bring about a successful claim, you and your solicitor must show that the employer has been negligent in some way, and as a result they have caused or failed to provide adequate protection against a cancer which resulted from exposure to hazardous substances at work.
If it can be shown that your employer did not take all reasonable steps to prevent you from contracting cancer at work, then there may be a case for claiming compensation through an employment tribunal or court.
The law on occupational cancer claims is complicated, so for the best chances of winning, we recommend you always seek legal advice.
If you think you have symptoms of occupational cancer, the first thing to do is see your doctor. Your doctor will be able to assess how likely it is that your illness is linked to your job.
Then, if a solicitor thinks there’s a good chance that your illness was caused by an industrial disease, they’ll work on building up evidence.
This might involve:
You can help your solicitor build your case by collecting evidence to support your claim, such as:
In most accident claims the time limit to claim compensation is three years. However the law surrounding time limits for industrial diseases is complex and they will differ from case to case.
The best thing you can do is seek legal advice from specialist industrial disease lawyers.
If you have an occupational cancer diagnosis, call a trained legal adviser for free on 0800 234 6438. They’ll be able to let you know whether they think you can make a claim and can answer any questions you may have.
As with any personal injury claim—and particularly those involving cancer—there are many factors which need consideration when working out how much compensation you could actually receive. The amount paid out will typically depend on your individual circumstances.
You can claim for financial losses, loss of earnings, medical expenses and other losses. You can claim for the future as well as the past.
When calculating how much compensation you could be entitled to, the following factors will be considered:
You can use our compensation calculator, based on the Judicial College Guidelines, to determine a rough amount of damages you may be awarded.
To find out if you could be entitled to claim compensation after developing cancer because of occupational exposure to carcinogenic substances, call 0800 234 6438 and speak to a specialist legal adviser for a stress free, no obligation consultation today.
If they think you have a case, they’ll pass you onto a partner personal injury solicitor. What have you got to lose? With a no win no fee claim, if you’re not successful, you won’t have to pay a penny.
You have nothing lose and everything to gain.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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