Work Related Illnesses
Work related illnesses are usually the result of poor or unsafe working conditions and usually a lack of proper health and safety supervision or training.
Claiming Compensation for Work Related Illnesses
Work Related Illnesses and Employer Negligence
Work Related Illnesses: Your Questions Answered
Claiming Compensation for Work Related Illnesses
Work related illnesses such as asbestosis, vibration white finger, emphysema can be categorised as follows:
- Respiratory diseases or cancers, usually due to working with dangerous substances without proper respiratory equipment or within a poorly ventilated work place.
- Skin diseases such as dermatitis resulting from working with dangerous substances without proper protective equipment.
- Repetitive strain injuries such as tennis elbow as a result of repetitive work without proper training or monitoring.
- Vibration injuries such as vibration white finger that result from using certain types of machinery or vehicles (tractors).
Your employer has a duty to protect you against any form of short or long term injury. If you believe that your illness is work related, you could claim compensation. Your appointed solicitor will need to prove that your employer was negligent by failing to provide you with a safe working environment or proper training.
For a totally free assessment of your circumstances contact us on 0800 037 1260 or leave your details online.
Top of the Page
Work Related Illness and Employer Negligence
Your employer must, by law, make sure that it provides you with a safe working environment. This means both the means to do your job safely, but also ensure that the job you are doing does not put you in harm's way.
Your appointed solicitor will first need to prove that your illness is indeed work related. They will need to gain access to detailed medical records and information about any substances you might have come into contact with. The next step will be to establish whether your illness was the result of poor or sub-standard working conditions. If this is the case, they will be able to prove that your present or past employer was negligent.
Questions such as:
- Was the work you were doing absolutely necessary?
- Were you provided with adequate, well maintained equipment to help you do your job?
- Was your place of work meeting all health and safety standards given your activity?
Will need to be answered.
Your solicitor will try and answer these and many other questions when collecting evidence to support your personal injury claim for compensation. If the answer to any of these questions is NO, then your solicitor will be able to prove that your employer was negligent in its Duty of Care.
Top of the Page
Work Related Illness: Your Questions Answered
If I claim against my employer, could I lose my job?
NO. The law is very clear on this point. Claiming compensation for a work related illness is a right that you have and the reason why employers MUST have insurance by law. Receiving compensation is about making sure you will not be out of pocket or worse off as a result of the injuries you have sustained. It would be a criminal offence for your employer to discriminate against you if you are making a claim for compensation.
The accident was the fault of one of my colleagues, can I still claim compensation?
YES. It is your employer's responsibility to ensure that employees (both you and your colleagues) are competent and fully trained. If the accident was due to a colleague's fault, then you can still claim compensation for the injuries you have sustained.
I have been off work since I was diagnosed. Can I get some money in the meantime?
YES. Review your employment contract for your employer's Contractual Sick Pay terms. You are entitled also to Statutory Sick Pay for a period of up to 28 weeks (6 months). Beyond these, the government provides a number of benefits you can claim.
I am receiving Statutory Sick Pay or Disability Benefits. Will this affect my claim for compensation?
YES and NO. Receiving benefits from the government or from your employer (Statutory or Contractual Sick Pay) does not stop you from pursuing a claim for compensation. It might however affect the amount of compensation you will receive if your claim is successful.
I am a member of a Trade Union. Does this make a difference?
YES and NO. If you are a member of a Trade Union, Accident Compensation 4 U can still help you claim compensation as you can choose the solicitor who will represent you. As a member of a Trade Union however, you could have more choice of how you will finance your claim for compensation.
I would like to make a claim. What should I do?
CONTACT US. Call our FREE ASSESSMENT helpline on 0800 037 1260, request a call back using the short form on the left or start your claim online. We will assess your claim for free and let you know whether we believe you can pursue a personal injury compensation claim.
Top of the Page
|
