Industrial Disease Claims: What you need to know
Conditions such as mesothelioma, asbestosis and lung cancer result from exposure to asbestos fibres. This exposure will often have occurred in the course of an individual's employment. Asbestos was historically used in buildings for insulation and fire protection. Since 1999 the use of asbestos has been prohibited. However, as mesothelioma can remain latent for up to 50 years, it is no surprise that we continue to see new cases being reported.
Mesothelioma and lung cancer are life-limiting conditions with low survival rates. Anyone diagnosed with such a disease should take specialist expert advice on pursuing a claim for compensation. It is important to think about how you will pay for the care and treatment that you may require and to ensure your family is provided for when you are no longer able to do so.
At Calio Claims, we have helped many people claim the compensation they deserve if they have developed an industrial illness.
In this guide, we answer some of the most common questions asked by our clients who have developed an industrial disease.
Do not hesitate to contact us for advice and support with your case. Call us on 0800 988 8082 today or complete our online contact form.
The claim process will involve an initial period of investigation during which we will obtain the necessary evidence to link your condition to your working environment. You will be examined by a medical expert and we will undertake enquiries to establish who your claim should be directed against. We will then calculate the value of your claim and assist you with arranging care or rehabilitation where appropriate. Our specialist personal injury lawyers will fight tirelessly to protect your best interests to the conclusion of your claim.
The exact value of your claim will depend on the extent of the harm you have suffered and any other losses that have occurred as a result. The compensation awarded to you will consider the following:
- The extent of your pain and suffering (this award is known as solatium in Scotland)
- If you have had to stop working as a result of your illness, then you may be entitled to an award of past and future loss of earnings. You may also be entitled to a loss of pension rights
- Care and support needs - both now and in the future
- Modifications to your home
- Mobility aids
- Loss of family members
The length of each claim will vary depending on its own particular facts and circumstances. The amount of investigation required and the approach of the defenders to the proceedings will affect the length of time taken to settle a claim. We will quickly establish the facts and progress your claim to a successful conclusion, where appropriate, we will raise court proceedings and request payments of interim damages on your behalf.
A claim requires to be brought within three years of the date of knowledge of the presence of the disease. This is usually the date of diagnosis by a medical expert. The court does have the discretion to allow claims to proceed "out of time", but good reasons need to be given for the delay and the court will consider carefully whether the delay has prejudiced your opponent in being able to investigate and respond to your claim. It is essential, therefore, that you act promptly upon receiving information that you may be suffering from an asbestos-related disease.
Some diseases can take up to 50 years to fully develop, so it's important to remember that the three-year time limit doesn't begin from the date you were exposed to a harmful substance.
Since symptoms of an asbestos-related disease can take decades to develop in some cases, the company responsible for asbestos exposure may have stopped trading. Even if the employer no longer exists, we can still pursue a claim by tracing their former insurer. If a person has been exposed to asbestos whilst working at several companies, we will only need evidence of one liable company, or their insurers, in order to make a claim.
We have a variety of funding packages that we would be happy to discuss with you. Following an initial investigation, we can accept many cases on a "no-win-no-fee" basis, which means that you will not need to pay for the work undertaken as the case progresses.
If we are unable to negotiate settlement of your claim with the other side, then it may be necessary for us to raise court proceedings on your behalf. In those circumstances, we can provide competitive After the Event Insurance cover which protects you from any award of expenses in the event that your claim is unsuccessful.
Contact our industrial disease claims solicitors in Glasgow, Edinburgh and Dundee today
If you have developed an industrial disease through your working conditions, and think you may have a claim, contact us to find out if you may be entitled to compensation. We can offer to work on a no-win, no-fee basis.