The UK Occupational Illness Solicitors Network operates nationwide and will deal with industrial disease compensation claims using the no win no fee scheme. Compensation is always paid in full with absolutely no deductions and there is no need to finance your claim. If the case is lost you still pay nothing. Dealing with occupational illness is specialist work and our solicitors are mature experienced experts with many years of successful settlements behind them. Your claim will be assessed in detail at no cost to you and if after talking to us you decide not to take matters further then you are under no obligation to do so and you will not be charged for our advice.
Occupational illness and industrial disease compensation claims have over recent decades moved to the forefront of civil litigation as those who have suffered from exposure to dangerous or noxious chemicals or who have followed dangerous working practices over many years become ill often 20 or 30 years after exposure. The consequences of these illnesses can have devastating effects on the victims who may be able to claim damages if the working practices adopted at the time of exposure were known or believed to be inadequate. Conditions which most commonly give rise to claims include:-
repetitive strain injury rsi
vibration white finger vwf
whole body vibration syndrome wbvs
hand arm vibration syndrome havs
beat knee
bladder cancer
industrial deafness
skin disease
work induced stress
chronic obstructive pulmonary disease copd
respiratory disease
asbestosis
mesothelioma
pleural disease
asthma
chronic bronchitis
pneumoconiosis
silicosis
tenosynovitis
Damages are divided into two main categories :-
General Damages represents items that are difficult to calculate accurately and involve a degree of assesment by the judge who is entitled to consult records of previously decided cases, use his own personal experience of settling cases and refer to the 'Judicial Studies Board' guidelines. The main item for assesment is usually pain and suffering.
Special Damages represents items that can be calculated accurately and includes wages losses.
A matter which frequently arises relates to whether or not a potential claimant has left it too late to claim. In legal terms the general primary limitation period for taking legal action to claim damages for personal injury is three years from the date of the negligence that caused the injury. Most industrial disease claims are however different, due to the often lengthy latent period between exposure and illness, and the three year period does not start running until the potential claimant knew or ought to have known about the illness. The date of knowledge whereby the limitation period for an industrial disease compensation claim starts running is the first date on which the claimant knew the identity of the potential defendant and knew that injury was significant and knew that the injury was attributable to negligence. Whenever the limitation does actually start if the claim is not settled or legal proceedings have not been issued in a court by the expiry of the three year period then the opportunity to claim will usually have been lost forever. It must be said however that the court does have a very wide discretion to change, alter or extend the limitation period.
