INDUSTRIAL DISEASE CLAIMS - INJURY COMPENSATION

Our specialist personal injury lawyers operate throughout the United Kingdom including Scotland and Northern Ireland using the no win no fee scheme to pursue industrial disease claims. Win or lose there is no charge and compensation is paid in full. You will not be expected to fund or finance your claim as it proceeds to settlement. You do not have to pay for medical reports, court fees, insurance or any other expenses. We are not a claims management company and we guarantee without reservation that our claims are completely risk free.

SOLICITORS HELPLINE 0870 174 0140

Legislation intended to offer protection to employees includes:

• The Management of Health and Safety at Work Regulations 1992 requires an assessment of any foreseeable risk and subsequent action to reduce it to a reasonably acceptable level.
• The Workplace (Health, Safety and Welfare) Regulations 1992 requires adequate maintenance, temperature, ventilation, lighting, cleaning and waste disposal. In addition the regulations enforce minimum standards for room dimensions, condition of floors, washing facilities and numerous other structural items within the workplace.
• The Personal Protective Equipment at Work Regulations 1992 requires personal protective equipment to be provided to employees who may be at risk. Failure to use protective equipment is one of the leading causes of industrial disease claims. Employers are expected to ensure that protective equipment and clothing is actually used.
• The Manual Handling Operations Regulations 1992 requires employers to avoid the need for employees to carry out manual handling operations which involve a risk. Where there is unavoidable risk then a risk assessment must be carried out and appropriate steps taken to reduce the risk so far as is reasonably possible.
• The Provision and Use of Work Equipment Regulations 1998 requires that equipment must be suitable, well maintained and in good order. Members of staff using the equipment are required to be adequately trained and provided with protection where appropriate.

SOLICITORS HELPLINE 0870 174 0140

In general terms industrial disease claims for compensation must usually either have been settled or legal proceedings must have been issued in a court of law within three years of knowledge of a significant injury. In most cases the time will start running on the day the injury occurs as in a road traffic accident however occupational illness is different as the injury occurs over a long period of time and the symptoms may not become obvious until decades after exposure to the problem. In these case the three year period starts to run from the time when the potential claimant knew or ought to have known of the existence of a problem.

SOLICITORS HELPLINE 0870 174 0140

The basics of The Limitation Act 1980 are as follows:

• the limitation period is three years which runs from the date the injury occurred or from the date the person injured had knowledge of the injury
• the limitation period does not start running until a claimant reaches the age of 18 years
• the limitation period does not run against those who are mentally incapacitated
• the court has rarely exercised discretion to vary the time limits