Many occupational illnesses are now so well chronicled that they should never happen. Occupational illnesses such as carpal tunnel syndrome and repetitive strain injuries have led to a whole new science – ergonomics – which is the process of designing jobs, equipment and workplaces to protect workers.
The Health and Safety Executive and EU issue regulations and guidelines about seating positions, lighting and the recommended height of workstations – so much so, that if anybody now acquires an occupational illness of this nature, it can only be the fault of the employer for failing to provide adequate equipment and training, or the fault of the employee for failing to use the tools provided for him.
Other industries too have their rules and regulations to prevent occupational illnesses as much as possible. Hairdressers are advised to wear gloves to avoid dermatitis, caterers who have to frequently wash their hands should use certain soaps to prevent eczema and car body paint sprayers must always wear breathing apparatus to ensure that toxic isocyanides from the paint do not enter their lungs and cause occupational asthma.
If these basic elements of health and safety at work are not present due to a lack of care or negligence by the employer, you may be entitled to claim compensation for occupational illnesses.
Contributory Negligence and Occupational Illnesses
On some occasions, employers may provide all the tools to prevent occupational illnesses, but not the instruction on how to use them – for example, a paint sprayer should not remove his breathing apparatus until he has completely moved away from the vehicle or the paint is dry. In such a case, the employer is still negligent for not providing the training in order to perform the task safely and prevent occupational illnesses. However, when an office employee changes the height of their chair and after a period of time develops repetitive strain injury, the employer cannot be held responsible if the employee had been told of the importance of correct seating to avoid occupational illnesses.
Between the two clear examples of occupational illnesses there are grey areas, disputed liability and a great deal of discomfort for somebody suffering from an occupational illness. Where an employer disputes liability, you will need a solicitor to handle your compensation claim for occupational illnesses as the Injuries Board will decline to make a judgement on the case and it has to go to court.
Even when the employer admits liability, 90% of claimants still choose to use the services of a solicitor to ensure that they receive a fair and adequate amount of compensation for their occupational illnesses.
If you have a query about what constitutes contributory negligence or if you believe that you have an occupational illness for which you should receive compensation, please do not hesitate to contact our free advice telephone service on 1-800 989 995
This service enables you to speak directly with an experienced personal injury claims solicitor, have all your questions answered and receive some valuable and accurate advice. The call to us and the advice we provide are both free of charge: there is no obligation on you to proceed with a claim for compensation and no pressure is put on you to do so. If you cannot speak now please fill in the form on the left and we will call you back.
- 100% You will speak with an experienced personal injury claims solicitor
- 100% We will offer practical advice on claiming for occupational illnesses
- 100% There is no obligation on you to proceed with a claim
- 100% All calls are treated in the strictest confidence and with the utmost discretion
What You Can Expect From Us
Our solicitors are trained to be familiar with occupational illnesses and the problems they present. We also acknowledge that you may be torn between suing an employer for an occupational illness and not wishing to create a difficult scenario in the workplace. Therefore, you will find that we are both compassionate and understanding when talking with you and will do our best to help you work through any dilemmas you may have.
As every occupational illness affects each person in a different way, we would like you to talk us through your situation, how you acquired you occupational illness and what medical treatment you have received. If there are any specific questions you would like to ask us in respect of your entitlement to claim compensation for occupational illnesses, now is the best time to do so.
Our solicitors will try to establish in the initial telephone conversation whether you have a case for a personal injury compensation claim that it is worth your while to pursue. If so, we will explain the procedures to you, how long we expect it will take for your claim to be processed and, if possible, give you an idea of the general level of compensation you can expect to receive for your occupational illness.
If you choose to proceed – and this is a decision that you do not have to make immediately – our solicitors will guide you through the process of making a successful claim to ensure that you receive a fair and adequate award of compensation for your occupational illness.
Occupational illnesses should no longer be a fact of life and where employers are to blame for them still occurring, a claim for occupational illness compensation will make them consider the regulations more fully. Although too late for you to prevent the pain and suffering of an occupational illness, by calling our free advice service you will find out what financial compensation you may be entitled to. We look forward to hearing from you.
If you would like to find out more about the options available to you in respect of a compensation claim, please do not hesitate to call our free advice line right away on 1-800 989 995
If this is not a convenient time, complete the call-back form below and one of our team will ring you when it is more suitable.