Occupational illness - 10 simple steps to achieving your compensation.
Here are the 10 steps we both need to go through to make your claim for compensation. We understand that you may not have been through this process before, so we hope you find this 10 step guide helpful.
1. Compiling your statement of your work history & exposure.
Often people have been exposed to harm at work many years ago. We make sure we understand exactly what happened and work with you to draft a detailed, accurate statement in your own words about your work history, exposure and the symptoms you are now looking to claim for.
2. Obtaining your medical & work records.
Once we have your statement, we obtain:
- the relevant medical records from your GP and hospital so that we can review the extent of your condition
- HRMC records to confirm your work history
3. Establishing negligence and breach of duty
You must prove that you worked in an environment where harm was caused to you because your employer failed to protect you from the risks of developing an illness or condition.
4. Establishing causation – the effect of negligence and breach of duty
Once you have proved negligence and breach of duty, you must also prove that your condition was caused by this negligence and not by anything else. We need expert medical evidence to assess this, so we will arrange for you to see an expert who will assess your current condition and consider what the future holds for you.
5. Calculating the financial value of your claim
The calculation of your compensation comprises:
- general damages - an award for your pain and suffering which takes into account the duration and severity of your illness, your age and prognosis.
- Special damages – compensation for your actual financial loss, include any loss of earnings and the cost of care, medical and travel expenses.
6. Mitigating your loss and claiming benefits
Personal injury compensation aims to place you back in the position that you would have been in but for your illness. So you are responsible for doing what you can to minimise your loss.
This means that attending treatment to aid your recovery or alleviate your symptoms, and returning to work when it is safe to do so.
We will advise you on any benefits you could claim from the Department for Work & Pensions (DWP) during your claim.
7.Providing original documents to prove your loss
As you must disclose all documents that are relevant to your claim, you must keep all original accounts, payslips, and receipts for expenses/medical treatments safe until your claim has been settled.
8. Preparing your case for Court
Although It is not always necessary to issue proceedings in Court, we prepare every case as if it were going to trial.
9. Attending the trial in Court
The trial will take place before a Circuit or High Court Judge who will make a decision on the evidence that we have prepared.
10. Awarding your compensation claim
If you are successful in your case, the amount of compensation you receive will be decided either by negotiation with the Defendant or, if your case goes to trial, by the Judge. We will agree a date by which your compensation will be paid to us so that we can pay your compensation to you as quickly as possible.
How long does a claim take?
Because the circumstances surrounding every claim and their effects are different, it’s very difficult to give a definitive answer on how long it takes to settle a claim. Often it depends on how quickly our clients provide us with essential information, how quickly we can get medical records and assessments, and whether the insurance companies are willing to provide realistic offers to settle the claims.
Whilst we aim to settle your claim as quickly as possible, we also want to ensure we secure the maximum compensation for you. This often means we have to do some hard negotiation with the defendants – which takes extra time. Our aim is to balance progressing the claim as fast as possible with getting you the maximum settlement.
We realise that you’ll be keen to know about the progress of your claim so we will send you regular emails and texts to keep you up to date, and also to remind you if there is any information we’re waiting for from you.