Industrial / Occupational Disease Claims

This heading covers asbestos related injuries / conditions, other breathing and lung problems, noise induced hearing loss, vibration white finger, repetitive strain injury, occupational asthma, occupational dermatitis, etc. (any injury or condition that has resulted from repeated and prolonged exposure to adverse working conditions).

Often the injury / disease / condition will take years to develop. Sometimes you will not feel the effects of your injury for 20-30 years. It is therefore important to take specialist legal advice as soon as you suspect that you may have been injured so that important evidence and information can be obtained.

Whilst a Claimant normally has three years to make a claim for compensation from the date of the accident, industrial and occupational disease claims are given wider scope - a Claimant will have three years to make a claim from the date that they first became aware of the illness/injury. Therefore, as a Claimant, your three year period will start to run not just when you have received a formal diagnosis - but from when you should have been aware of the link between your symptoms and your previous employment history. This start date will obviously differ for every Claimant - if in doubt please call me to discuss this further.

Important Points To Note

  • As soon as you realise you may have a claim, start to make as many notes as possible to include, all of the places that you have worked since leaving school, with dates / years where possible.
  • Make notes of detailed job descriptions and all of the places where you could have sustained your injury
  • Note down any protective equipment / clothing you had for each role and any health testing that you would have undergone, along with any training that you had
  • Find any documents that you may have at home for these places of employment, such as old wage slips, training certificates, letters, etc.
  • Note down details of former bosses / colleagues, especially those you are still in touch with or who may have claimed themselves for a similar injury
  • Note down the date that you first became aware of the link between your injury / symptoms and your employment
  • Note the date that the injury / symptoms began and what investigations / treatment you have had
  • Keep a diary of any symptoms and when they started, any GP / Hospital visits, along with details of any expenses / financial losses. Keep receipts where possible
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