Industrial
Disease Claims
Industrial disease claims are notorious for being troublesome
and difficult to prove. With so many diseases found in workers
usually in heavy industry or in workers dealing with hazardous
substances, it can be awkward to pin down who is responsible
for contamination and whether health and safety guidelines
were followed by any company involved. This is especially
true of mesothelioma and asbestos-related cases where workers
have not become symptomatic until decades after the work was
undertaken.
There are ways around these problems, the most important
being adequate medical records of any condition relating to
an industrial disease claim. Any medical evidence demonstrating
a condition being brought about as a result of employment
is essential as it is the foundation of any industrial disease
claim. There are many diseases that constitute an industrial
disease claim including asbestos-related conditions, asthma,
emphysema, deafness, tenosynovitis and vibration white finger,
if you are suffering from any of these it is likely that you
could claim a substantial amount of money.
The government has ruled that all employers have a duty of
care toward their employees and that every precaution should
be taken to avoid risking an employee's health. Health and
Safety guidelines have been established for many years, and
are particularly stringent with regards to heavy and hazardous
industries.
Your solicitor will need details of any companies you worked
for in these industries, length of employment details and,
for each example, to who you were answerable. Your solicitor
will have to build a picture from this evidence of whether
you were responsible for your exposure to any hazardous substances
or whether the strict health and safety guidelines were not
adhered to.
Once a case has been made for an employer's negligence, you
will then be able to claim for loss of earnings, stress, and
medical treatment. There are many solicitors that specialise
in the area of industrial disease claims and a simple search
on the internet can show you which of those deal with your
condition in particular. If you do not have access to the
Internet you can contact your local Citizens Advice Bureau
who will give you independent advice about which company to
contact.
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