Industrial Disease Claims Advice Uk

Legal Claim UK is a national network of specialistitems that can be calculated accurately and
personal injury solicitors. Our lawyers are all'general damages' which represents compensation
members the Law Society panel of personalfor items that cannot be calculated with precision
injury experts¹ and will deal with industrialand must be assessed.
disease claims using the no win no fee scheme.General Damages:opain and sufferingoloss of
Compensation is paid in full and win or lose therelifestyleoloss of future job opportunities
is no charge. We can assist our clients in respectSpecial Damages:oloss of past wagesoloss of
of all types of industrial disease claims, and thesefuture wagesomedical treatment and
include:-asbestos related conditionsvibration whiteequipmentoloss of pensionocost of free
finger (VWF)industrial deafnessskinassistanceodependents claimogeneral
conditionsoccupational lung diseaseminersexpensesolegal expenses
illnessesrepetitive strain injury (RSI)work inducedThe Health and Safety at Work Act 1974 is the
stressnoxious substance poisoningmain legislation used to protect employees from
The health and safety of employees working forharm and requires employers is to carry out a
British firms is protected by laws passed by bothrisk assessment and to record any significant
the UK Parliament and also by the European Unionfindings and thereafter to take appropriate action
which clearly outline the standards whichto implement the health and safety measures
employers should attain to ensure safety withinidentified as necessary by the risk assessment. In
the workplace. In general terms in order to claimaddition there is a host of minor legislation that
compensation it is usually necessary to proveapplies in particular circumstances most prominent
'negligence' which means it must be shown thatof which includes ;
the employer did not act with reasonable carePersonal Protective Equipment (PPE) Regulations
however in occupation damages cases an1992:
employer will often be held to be 'strictly liable'Protective clothing and equipment.
without the necessity to prove negligence. AllManagement of Health and Safety at Work
employers must be insured and must display anRegulations 1999:
Employer's Liability Insurance Certificate. It isRisk assessments and implementation of
extremely difficult for an employer to escapeprotective measures.
being liable if an employee is injured during theHealth and Safety (Display Screen Equipment)
course of his employment. Our personal injuryRegulations 1992:
experts deal with a wide range of occupationalVDUsafety regulations.
claims arising both in industrial situations and in anProvision and Use of Work Equipment Regulations
office environment. Employers must act within the(PUWER) 1998:
law and so far as is reasonably possible provide aEquipment and machinery safety.
risk free work environment with the followingManual Handling Operations Regulations 1992:
basic essentials:capable and safety consciousPhysical movement of workplace objects.
employeesappropriate equipment and trainingaHealth and Safety (First Aid) Regulations 1981:
safe place to workFirst aid regulations.
The Limitation Act 1980 determines the timeThe Health and Safety Information for Employees
limits for taking legal action in the UK. In generalRegulations 1989:
terms, subject to a number of exceptions it isPosters must be displayed in the workplace about
usually necessary to either settle a claim or issuehealth and safety.
proceedings within three years of the injuryNoise at Work Regulations 1989:
however in the case an industrial disease claimProtection from industrial deafness.
there may be a long period between exposure toControl of Substances Hazardous to Health
the dangerous practice or noxious substance andRegulations 1999 (COSHH);
the effects being noticed by the sufferer. InNoxious substances regulations.
these cases the three year time period does not,Workplace (Health, Safety and Welfare)
in general, start running until the illness was eitherRegulations 1992:
discovered or should with reasonable diligenceMaintenance and condition of the workplace
have been discovered. As would be expectedenvironment.
these time limits and the definitions of themChemicals (Hazard Information and Packaging for
frequently give rise to litigation in the courtsSupply) Regulations (CHIP 2) 1994;
particularly by insurers attempting to evade liabilityClassification of dangerous chemicals.
by showing that the time limit for taking actionConstruction (Design and Management)
has expired. It is therefore of paramountRegulations 1994:
importance that legal advice is sought as soon asRegulates systems of work on construction sites.
there is any suspicion of an occupational illness. AGas Safety (Installation and Use) Regulations 1998:
delay of just one day is, in many circumstances,Installation and maintenance rules.
enough to preclude a claim with the opportunityIf you have discovered your illness within the last
of recovering damages being lost forever.three years and would like free advice on
Damages that can be recovered in these casesindustrial disease claims you should contact us.
usually follow the general rules for compensationYou will receive a complete professional service
and are divided into two categories being 'specialfrom lawyers who specialise in claiming
damages' which represents compensation forcompensation for occupational personal injury.