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Occupational Illness – Guiding you through a claim for compensation

7th September 2015

What is an cccupational illness?

An occupational illness is a disease or condition caused as a result of working hazards associated with your particular job.

For example, working in a noisy environment might cause to suffer from noise-induced hearing loss in later life.  Also, if you work with asbestos you may later be diagnosed with an asbestos- related illness.  Equally if you work on a production line, you might go on to suffer a kind of repetitive injury or a work-related upper limb disorder.

How do I claim?

If you have worked in an environment where your employer hasn’t kept you safe from harm, you then you may be able to make a claim for compensation if you’ve suffered an injury.

If you can prove that your employer was negligent and failed to protect you from risk of injury, then you also need to show that the injury was caused as a result of that negligence. We help you to obtain medical evidence that confirms that the condition has been caused as a result of the negligence at work.

Some conditions are not always related to work.  Some types of conditions can be made worse by the job that you do.  Either way we can look to make a claim for compensation for you. And in some circumstances we can look to look to arrange for medical treatment and rehabilitation as part of that claims process.

Are there time limits for a claim?

As with any illness claim, a claimant has 3 years in which to make a claim for compensation from the date they were aware that their significant symptoms could be related to negligence in work. 

It is always important to see a specialist solicitor so that we can advise you at an early stage about the kind of evidence we will need in order to help you win your case.

How much does it cost to make a claim?

Here at Your Legal Friend we’ll look to work with you on a No Win, No Fee basis.  Our initial consultation is free in any event and we will always advise about our funding terms and conditions at the outset so that throughout the claim you’ll never have any surprises.

How long does a claim take?

A claim for occupational illness will ordinarily take between 1 and 3 years to bring to a conclusion.  We start the process early on by talking to you and taking a statement about your working history and your exposure history.

We’ll then obtain medical records to see if there are any pre-existing problems that may cause us a problem later on, and we obtain medical evidence to support the fact that your condition has been caused as a result of negligence in work.

We’ll also talk to you about financial losses and put together a schedule of all of those losses and expenses you wish to claim in relation to your case.

We submit a claim to the insurers for you.  They have a period of time in which to investigate, and we always talk to you about the decision we receive back from them so you’re always clear about the next steps we intend to take in relation to the conclusion of your case.

Following a period of investigation, if liability is admitted by the insurers then we’re ready and able to negotiate a settlement for you in relation to your case.  But if liability is denied we’ll discuss that with you and we’ll talk to you about whether there is still sufficient merit to your case such that we need to progress your claim by way of a court action.

What can I claim?

You can claim compensation for the illness or condition that you have and additionally you can claim compensation for the losses and expenses associated with condition.

You should always seek the advice of a specialist lawyer because, aside from advising you about a compensation claim, they’ll also be able to advise you about making a claim for the benefits from the DWP, which is particularly important if your condition is so serious that it prevents you from working or returning to work in the near future.