Tuesday, 27 December 2011

Industrial Disease Claims

Industrial disease claims are notorious for being troublesome and difficult to prove. With so many diseases found in workers usually in heavy industry or in workers dealing with hazardous substances, it can be awkward to pin down who is responsible for contamination and whether health and safety guidelines were followed by any company involved. This is especially true of mesothelioma and asbestos-related cases where workers have not become symptomatic until decades after the work was undertaken.



There are ways around these problems, the most important being adequate medical records of any condition relating to an industrial disease claim. Any medical evidence demonstrating a condition being brought about as a result of employment is essential as it is the foundation of any industrial disease claim. There are many diseases that constitute an industrial disease claim including asbestos-related conditions, asthma, emphysema, deafness, tenosynovitis and vibration white finger, if you are suffering from any of these it is likely that you could claim a substantial amount of money.

The government has ruled that all employers have a duty of care toward their employees and that every precaution should be taken to avoid risking an employee's health. Health and Safety guidelines have been established for many years, and are particularly stringent with regards to heavy and hazardous industries.

Your solicitor will need details of any companies you worked for in these industries, length of employment details and, for each example, to who you were answerable. Your solicitor will have to build a picture from this evidence of whether you were responsible for your exposure to any hazardous substances or whether the strict health and safety guidelines were not adhered to.

Once a case has been made for an employer's negligence, you will then be able to claim for loss of earnings, stress, and medical treatment. There are many solicitors that specialise in the area of industrial disease claims and a simple search on the internet can show you which of those deal with your condition in particular. If you do not have access to the Internet you can contact your local Citizens Advice Bureau who will give you independent advice about which company to contact.

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