INDUSTRIAL DISEASE COMPENSATION CLAIMS UK

Occupational illness affects tens of thousands of people every year often with devastating consequences. If you have been exposed to a noxious substance, a dangerous environment or a harmful system of work and your health has been damaged, you may be able to make an industrial disease compensation claim. Our solicitors have detailed experience in dealing with a wide variety of occupational injury claims and all of our solicitors are members of both the Law Society panel of personal injury experts and the Association of Personal Injury Lawyers. If you suffer from an occupational illness caused by the negligence of an employer we can help you with an industrial disease compensation claim in which damages may be awarded for the following items:-

• loss of past income
• loss of future income
• loss of pension
• claim for dependants
• gratuitous assistance
• medical expenses for the past and for the future
• assistance for the future
• pain and suffering including psychological injury
• loss of amenities of life
• prescriptions
• reduced employment prospects in the future
• expenses in relation to the claim

In an industrial disease compensation claim the primary limitation period for taking action for damages is three years from the date of the negligence, however in the case of occupational illness the three year period does not start running until the claimant had knowledge of the medical condition which is usually determined as the date upon which a positive diagnosis was confirmed by a qualified doctor. If the claim is not settled or legal proceedings have not been started by the expiry of the three year period then the opportunity to obtain damages in an industrial disease compensation claim will usually have been lost. A summary of the law extracted from The Limitation Act 1980 is outlined below:-

In actions for damages for personal injury, the limitation period is three years. This starts to run either from the date on which the injury occurred or from the date on which the person injured first had knowledge of the injury. The date of knowledge is the first date on which the claimant has knowledge:

• that the injury in question was significant;
• that the injury was attributable to negligence;
• the identity of the defendant:

The court has a wider power to extend the normal time limits. The considerations for the exercise of this power are:

• the length of and reasons for delay;
• whether the evidence is affected by delay;
• the defendant's conduct;
• the duration of disability;
• whether the claimant acted promptly and reasonably;
• the steps taken to obtain expert advice;
• the nature of the expert evidence:

The court can extend the normal limitation period where the claimant was an infant, or a person of unsound mind.

Our solicitors are experienced specialists who have many years of successful industrial disease compensation claim settlements behind them. They will initially assess your claim, give you an early indication on liability and the potential value of an award and will deal with your claim using the risk free no win no fee scheme. From the very start you will be in the hands of an experienced specialist personal injury solicitor and you will not have to deal with any unqualified member of staff. If you would like free advice just use the helpline or complete the contact form and a member of the Law Society panel of personal injury experts will discuss your claim on the telephone with no further obligation.