Not only can you claim compensation, it is your right to claim and the very least you owe yourself as the victim of an acute condition that you contracted through no fault of your own. The initial test to confirm that you are eligible to bring a claim for asbestos disease compensation against your current or former employer (even if the company no longer exists) consists of the following:
1) A medical diagnosis of one or more of the following conditions:
a) Pleural Thickening
b) Asbestosis
c) Mesothelioma (only caused by asbestos fibres)
d) Asbestos aggravated lung cancers.
2) Evidence that your condition was caused by exposure to asbestos dust (containing the carcinogenic fibres) in the course of past employment – work records and witnesses can provide this evidence. When you initially present with your symptoms you should tell your doctor about your employment history of working with asbestos.
3) A failure by your employer to fully discharge their legal duty of care to ensure your health and safety or comply with their statutory health and safety obligations to their workforce which caused or contributed to your exposure to the asbestos responsible for your medical condition(s).
Theoretically it can take just one asbestos fibre to trigger any of the above diseases but medical research over the past few decades, as cases were diagnosed, point to prolonged exposure to high concentrations of asbestos dust over a length of time being required to trigger the conditions. Symptoms of work-related, asbestos exposure caused diseases can take anything from ten to forty years to manifest and so victims can often be in later life before they are struck down. The effects of the diseases as they progress can be permanently disabling and will usually lead to premature death. The importance of ensuring full and fair compensation is obtained as quickly as possible is therefore very important.
The services of a specialist industrial disease compensation lawyer become essential to ensuring that this often complex type of compensation claim is assessed as viable and negotiated as effectively as possible in the shortest possible time. Work records need to be researched, witnesses located and expert medical reports obtained in order to ensure the best outcome for the claimant. If successful the amount of compensation in the form of special and general damages will fully reflect the devastating effect of the asbestos related disease on your health, life, family and finances and help provide the best quality of life possible for you as you live with your disease.
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If you are thinking of making a compensation claim for an asbestos disease, call our specialist industrial disease claim solicitors.
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