Q) Did my working conditions cause the illness I am suffering today?
A) Without specialist expert evidence it is hard to tell. Some illnesses are the result of a combination of things such as hearing loss which could be caused by both old age and working conditions. However, the specialist experts we use will be able to distinguish how each illness is caused and what percentage of that was caused by working conditions. Therefore, it is important that if you have even a slight indication that your illness is related to the industry you worked in, you report it and seek our advice immediately.
Q) The company I worked for has gone out of business, can I still claim?
A) Yes, even if your employer has gone out of business you could potentially still make a claim. This is because the majority of claims are made against the employer's insurers. We are fully specialised in tracing insurers in order to commence a claim. Therefore, once the insurer has been located, one of our specialists can bring your employer back into existence and start advising you on the potential compensation you will be awarded from the insurers of the employer if your claim is successful.
Q) Is my employer likely to dismiss me if I make a claim against them?
A) If you were to make a claim against your employer then provided they had the relevant insurance it would be them who pay out the compensation. Employers take out insurance in order to decrease their chances of liability against illnesses which have resulted from working conditions.
There are also special safeguards in place which prevent an employer from dismissing an employee on such factors. With the current laws which are in force in order to protect employees from unfair dismissal or recrimination. Visit our employment section for further details.
Q) How do I determine who was at fault?
A) It is the duty of your employer to provide you with relevant equipment which has been assessed for health and safety purposes and to also engage with their employers about how and when they should wear it. If employees request further information about health risks regarding the work they are doing then they have the right to do so. If none of the above is complied with then it appears that your employer could have breached their duty of care towards you, subsequently resulting in the illness you have suffered.
Even if you were provided with relevant safety equipment however, you could still have a claim on the proviso that it might not have been compulsory to actually wear it.
Q) How is my compensation assessed?
A) The amount of compensation you are awarded will depend heavily on the severity of the illness suffered. Medical analysis will determine recovery rate or if an illness is permanent. Such factors will establish how much you can claim for. Each case is different in circumstances and no two cases are ever the same. As such, each case is valued on its own status.
Q) Is there a time limit on bringing a claim?
A) Generally speaking you have 3 years from the date your illness becomes apparent and you are aware that it is the cause of working conditions. It is often that employers will argue a claim is out of time however it is our job to prove the contrary. It is advised that you see one of our solicitors on timing issues as we will be able to consider the implications surrounding it and whether or not the claim is brought in time. A judge could decide that your condition could not be determined until relevant medical prognosis was determined or the link between your illness and your working conditions was not an obvious one. Therefore if it appears that your case is out of time then a judge still has the discretion to allow a claim to proceed.
Q) I want to pursue my claim, but will it cost me anything?
A) No. We provide a free legal advice and representation to all of our clients who have suffered from an industrial disease or illness. There are a number of different ways to fund your claim. Which funding option you choose will depend upon your individual circumstances and the facts of your potential claim.
If we are of the opinion that you will have a successful claim then any further evidence or medical analogies which need to be obtained are all done at our expense.
Because we recover our costs from the responsible party's insurers, you will not be asked to pay anything to us to pursue your claim. If we take your case on, you can be sure that WIN or LOSE, our service will not cost you a penny. We ensure that you take out suitable insurance in order to cover all legal costs.
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