Have you been affected by an Industrial Disease'
This is the first of a series of monthly legal articles by Grantham-based multi-service law firm JMP Solicitors. Established in 2000, JMP provides services for a diverse range of local and national clients from individuals, to companies and organisations.
People go to work every day, but are they aware of the potential dangers within their workplaces and the problems those dangers can cause?
In the work setting, people are subjected to working with systems and processes which can expose them to fumes, chemicals and noise.
Neil McKinley, a specialist industrial disease solicitor at JMP, discusses how these issues can increase the chances of contracting an industrial disease.
Breathing and skin conditions
Exposure to fumes when inhaled can lead to diseases such as asthma or other breathing related conditions which will have long term effects, and contact with certain materials or chemicals can lead to dermatitis. Hearing LossWorking with noisy tools, machines or equipment, or working near noisy machinery can damage hearing and bring about hearing loss and tinnitus, but the negative effects of being exposed to excessive noise may not be felt for several years.
Asbestos-related illness
Another dangerous substance often hidden within certain premises is asbestos. This material was used extensively in building work, pipework, around boilers, on ceilings and in artex. It was even used in garages at residential properties and can be found in schools built in the 1960's and in ceiling tiles in some hospitals. The danger to health comes when the asbestos is disturbed, smashed or broken, which is why removal of the substance should only be undertaken by qualified companies equipped with proper clothing and masks for workers. Disturbed asbestos can cause a number of serious respiratory diseases including asbestosis, cardiac failure, lung cancer and mesothelioma – a rare form of cancer which occurs in the thin membrane lining of the lungs, chest, abdomen and heart. The danger of asbestos has been known for years, but the problem is that the result of asbestos exposure only becomes apparent 15-30 years after exposure. Unfortunately the law cannot make people better, but if possible it can help anyone suffering from an industrial disease to claim for financial compensation. Making a claimIf a work-related disease is diagnosed, then the injured party should seek legal advice. A solicitor with the relevant experience will be able to tell their client if they have a claim, if the claim can be made, who the claim is against and the evidence needed.
The solicitor will be able to make searches for employers and insurance companies (that pay the compensation), especially when the company may have ceased trading.
The solicitor will know the medical experts to confirm the conditions suffered and the long-term effects of those conditions.
In gathering evidence, the solicitor will know and recognise the engineering expertise needed regarding the factory processes, the materials used, the regulations which have been broken or potentially been broken if the problem started many years ago, and will obtain the reports necessary to support the claim.
If someone is told they have an industrial disease, they should always seek legal help and explore the making of a claim.
Workers simply did not do this years ago and people still go to work now only to end up with conditions that will affect their life through no fault of their own, caused by the actions of their employers.
There is no guarantee of a successful claim, but advice should be sought from experienced solicitors and this may help alleviate some pressure on the injured party and family to know a claim can be made.
For further advice please call Neil McKinley at JMP Solicitors on 0800 085 9966 or email [email protected]
Neil is a leading personal injury solicitor with 40 years' legal experience. He specialises in dealing with industrial disease cases at JMP Solicitors, in Grantham, and has many years' experience in dealing with these types of claims.
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