The 3 most important factors in bringing about any asbestos related personal injury claim.
If you are thinking about taking up an asbestos claim, it is important to realise that you are not the only one suffering and that something can be done if you get the right advice and support.
Damien McElvenny, a statistician in the Epidemiology and Medical Statistics Unit has stated that the number of cases arising from mesothelioma incidents rose by 300% in 1996-2000 alone. Most of these cases came about through men involved in heavy industrial use of asbestos in industries such as railway engineering, shipbuilding and the insulation industry.
If you feel that your case has been brought about by working in one of these industries, or even as a result of another seemingly less dangerous industry, there are many factors involved in bringing about a successful claim against your employer.
The most important things to consider in industrial damage cases, according to government advice are:
- Were you responsible for your safety at work?
- Were health and safety procedures followed, so that the risks of infection were reduced?
- Do you have medical evidence to prove that asbestos caused your condition?
Once you have answered these questions you will be able to build up a case proving that you weren’t responsible for your own safety and that exposure to asbestos dust could have been limited.
Your employer is bound by a ‘duty of care’ to ensure safety within the workplace and if your condition has come about as a result of negligence you should be entitled to damages.
If you feel that your employer overlooked their duty of care, you will need to research an experienced solicitor or specialist claims company who offer a dedicated service for industrial damages and establish with them whether you have a case to pursue.
Your solicitor or claims company will tell you that another important factor involved in these types of claims is whether the exposure to asbestos was foreseeable. If it can be established that your exposure was foreseeable within the terms of your employment, your solicitor will then look into the type of asbestos you were exposed to and for what length of time.
The type of dust your case results from is a very important factor as it determines the severity of the case and whether your condition is likely to worsen over time.
Once all these factors are taken into account your solicitor will be able to establish whether your employer or ex-employer has neglected their duty of care toward you; from there you will be able to decide whether to claim damages or not.
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