Industrial disease is a word that’s used to describe an illness or a condition that can occur because of potentially unsafe or unhealthy working conditions or exposure to certain substances in the workplace (dust, chemicals, fumes, etc.). Examples include but aren’t limited to vibration white finger, repetitive strain injury, psychological disorders, and asbestos-related diseases. In the United Kingdom, in particular, occupational diseases are a real problem.
A great many employees experience life-altering and, in some cases, premature life-ending illnesses. Despite the staggering numbers, newspaper headlines are all about deaths caused by injuries. It seems that a life lost to a disease doesn’t represent a tragedy.
Should you make an industrial disease claim?
Regardless, it’s essential to acquire the services of an experienced solicitor to deal with the case, or at least seek legal advice and guidance. There are some sources for legal advice that are actually free, such as UKLaw.co.uk. Experts have a wealth of experience on how to deal with such claims to secure the maximum amount of compensation.
The law gives you the right to litigate against any entity that has wronged you in any way. If you’re up for it, you should bring a lawsuit in the court of law. Not only can you seek monetary compensation but also punish wrongdoers. The employer has a duty of care towards employees to protect their health, safety, and wellbeing.
If you’re ill or disabled from a disease caused by work, it’s most likely that your employer didn’t provide the correct protective safety equipment or ensure proper working conditions. As the victim of an industrial disease, you and your family can seek compensation, even if you’ve recently changed your workplace. The money will help you cover the medical bills and get the best possible care.
Failure to follow best practices is quite common, which means that workers like you are exposed to risk. As a rule, industrial disease claims are handled on a no win no fee basis, so if your compensation claim happens to be unsuccessful, you’re not required to pay a contingency fee for the solicitor’s services.
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Attention needs to be paid to the fact that industrial disease claims are more complicated in nature as opposed to other types of personal injury cases. They involve a thorough investigation of the working history. If the cause of illness or injury occurred years earlier, expert testimony is necessary. Equally, if the company has gone out of business, it’s necessary to trace its insurers to make a claim.
These are just some examples of issues that can make matters complicated. Nonetheless, if the situation is complicated, that doesn’t mean you give up without a battle.
If you’re curious to know about the industrial disease claims process, this info will come in handy
Anyone who takes the time to take a close look at the figures will immediately understand that not much has been done to prevent occupational diseases. There is little enforcement action and guidance available to employers when it comes down to preventing the causes of industrial disease. If you’re not a trade union member, there’s no reason for concern because there are ways to fund an industrial disease claim.
As mentioned earlier, you can collaborate with a no win no fee solicitor. Finalize a conditional fee agreement. If you don’t have expert legal representation, it’s better to leave matters as they are.
Write an effective claim statement
It’s necessary to provide a summary of the facts supporting your case. Provide a full account of the illness, including your diagnosis and any symptoms you’ve been experiencing. If you don’t set out the claim correctly, the court will make you reissue the statement of claim, which ultimately leads to delays. If any coworker is willing to testify in court, reach out to them and ask for their help. If you need assistance with filing the statement of claim, don’t hesitate to contact your solicitor.
Inform those who are responsible for your industrial disease
Send a letter of claim to the company that is responsible for what has happened to you. This will officially inform them that you’ve succumbed to illness as the result of working there. At present, the courts support the view that litigation should be the last resort and encourage parties to handle their disputes by communicating with one another and sharing information.
The company will send this letter to the insurance company; the insurers will handle the matter themselves or pass it on to their solicitors.
Obtain medical evidence
Medical evidence demonstrates that there’s a link between the industrial disease you’re claiming and the negligence of the employer. You must have strong evidence for the illness that is related to work. additionally, it’s a good idea to hire a medical expert to ensure you have full support during the claims process.
Decide how much compensation to claim
Generally speaking, victims of industrial diseases are able to claim compensation quickly and efficiently. Calculating compensation isn’t a straightforward process. When deciding the payout, the court takes into consideration various aspects, such as the severity of the illness and the impact it has had on your life. You can claim general damages and special damages, such as loss of pension or travel expenses to medical services.
Register the claim with the court
It’s not mandatory, in most cases, but it might be necessary to register your claim with the court. This course of action will impose strict time limits as far as submitting evidence is concerned. The good news is that your case won’t drag on forever.
Negotiate and settle the claim
Prior to speaking to the insurance adjustor, decide on a minimum settlement figure. This is for you; don’t even think about revealing this kind of information to the insurance adjustor. Most importantly, don’t accept the first offer you’re presented. The offer might sound reasonable, but it’s not fair. You could save money by negotiating the settlement on your own, but make sure you’re prepared. Better yet, make sure your solicitor accompanies you to the meeting.
Interesting related article: “What are Occupational Hazards?“