Making A Mesothelioma Claim: The Facts
Victims of mesothelioma often have a past working in heavy industries such as railway building and shipbuilding where their exposure to asbestos whether prolonged or not has affected the lining of the lung, or the lining around the heart area.
Mesothelioma can take decades to emerge as a virulent form of cancer, though this is commonly recognised as having been the case in terms of seeking legal compensation.
In order to bring about a successful mesothelioma claim you should be able to provide your solicitor with the following information pertaining to your industrial diseases claim:
- Where and when were you exposed to asbestos?
- Were you responsible for your own safety at work; in other words were you answerable to anyone who should have monitored the exposure time for other individuals?
- Do you have medical records as evidence to prove that your condition has come about as a result of asbestos exposure?
These are important factors be considered in any mesothelioma claim, and claims brought about where there is substantial medical evidence can result in considerable compensation for victims and their families if negligence by any employer under the terms of your employment contract can be proved.
Under government employment law any employer has a duty of care toward its employees and the rules are especially strict when dealing with hazardous substances like asbestos. If your exposure to dust was foreseeable within your employment contract and failure to implement health and safety restrictions are in evidence you will be eligible for a mesothelioma claim. The type of asbestos dust you were exposed to will also affect your case, as it determines whether your condition is likely to worsen over time.
It is important to remember however that a recent change in the law states that no one company should pay compensation to an individual if there is evidence that he or she was exposed to asbestos at other companies also.
This change was brought about so that no one company would have to forfeit liability for another company’s negligence within the same industry, even if the second company is no longer in existence. It is important to take this into account when thinking of making your mesothelioma claim in case your solicitor needs to bring about multiple claims.
Your solicitor will also need to see evidence of loss of earnings that your condition has brought about. This will form the basis of your compensation claims worth. Any outgoings resulting from your condition past or future will be taken into account and will determine how much you can claim.
In order to find a good industrial claims solicitor, you can start your search for an industrial claims specialist on the Internet or contact your local Citizens Advice Bureau who will put you in touch with the nearest industrial disease expert.
If you would like 1stClaims’ expert Industrial Disease Solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
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