Accident compensation claim lawyer uk, no win no fee injury specialist - Kevin Bolton solicitor

UK industrial deafness solicitor explains how to claim compensation for noise induced hearing loss / tinnitus from work in mines including Rossington, Doncaster, Yorkshire; how to claim even if an employer has ceased trading; how to prove your employer is at fault and how long you have to claim when noise exposure took place many years ago

Noise induced hearing loss victim question

I worked down the mines in Rossington in Doncaster, South Yorkshire. I stopped working 15 years ago and I believe my employer has ceased to trade.

I went to see an ENT at my local hospital two months ago as I suffered with ear problems and I am now almost deaf in one ear. The ENT confirmed I had lost most of my hearing which is worst in my right ear. I also have constant ringing in my right ear which started a couple of years ago. The ENT indicated that I have noise induced hearing loss and tinnitus.

Can I claim industrial deafness compensation as the work place was a noisy environment and no hearing protection was provided?
How can I prove it was my former employer’s fault?

Can I still claim despite the fact that I stopped work such a long time ago and my employer is no longer trading?

I am in receipt of income support – would I be eligible for legal aid?

Industrial deafness solicitor response

To answer your questions in turn:

1. From the description you have given it appears that you were exposed to excessive noise in the workplace without hearing protection. An ENT has confirmed that you have noised induced hearing loss and tinnitus.

From this information it would seem that you have a potential claim against your former employers.

2. A specialist industrial disease solicitor will be responsible for proving your claim – your employer should have kept documentation in noise surveys relating to noise levels. If such documentation is not available engineering evidence can be obtained for the type of machinery used in the mines to establish the likely noise levels.

Your employer should have provided suitable hearing protection, produced risk assessments of the dangers of high noise levels and warned employees appropriately. Your solicitor can request sight of documentation from your former employer proving that these obligations were fulfilled and if none is available it is to be presumed that no hearing protection, risk assessments etc. had been completed.

3. You can still claim despite the fact that your employer is no longer trading as your employer will have had worker liability insurance. Your solicitor can trace this insurer who will be responsible to pay compensation if your former employer is proved liable for your injuries.
There is a time limit in claiming compensation, which is three years from the date of injury or the date of knowledge of injury. It does not matter how long ago your exposure took place, but when you knew you had suffered injury and that injury came from the work environment. From your description it seems that you only found out you had noise induced hearing loss and tinnitus when you were tested by the ENT a couple of months ago so it could be that the time period will commence on this date.

4. Legal aid is not available to make claims for industrial deafness or personal injury generally, but do not be concerned as there are other means of funding which will limit your exposure to legal costs, such as “no win no fee” and “legal protection cover” on household contents insurance.

Click industrial deafness / tinnitus compensation claim to arrange for a free call back with me in person to discuss your noise induced hearing loss or to commence your claim online.

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UK industrial disease solicitor explains the dangers of contracting industrial lung disease from working underground in the tunnel industry including siliciosis, pneumoconiosis and asbestosis together with how to claim compensation even if former employers are no longer trading

Tunnel worker lung disease victim question

I have worked underground building various tunnels for most of my life and have recently been diagnosed with silicosis, pnemoconiosis and asbestosis. I was exposed to various types of dust from the rock that was drilled through in the tunneling process.

I have worked for many companies and so do not have a record of all their names. Is there a way to establish which companies I worked for and could you tell me:

How much would it cost me to make a claim? Can I make a claim with out any cost to myself? What information do I need to give and how long does the process of making a claim take? What amount of compensation will I be entitled to?

Industrial disease solicitor response

Mine workers and tunnel workers are prone to developing conditions from exposure to dust when proper precautions are not taken to keep the tunnels clear and provide proper breathing equipment. Silicosis, pneumoconiosis and asbestosis all come from long term exposure to silicon dust and asbestos dust. Pneumoconiosis is a broad term which can come from many different types of mineral dust.

You have worked for a number of employers and the record of all your employers will be retained on your Inland Revenue National Insurance record – this can be obtained from the Inland Revenue by an appointed solicitor. The fact that the businesses my longer be trading will not limit your ability to make a claim.

To answer each of your other questions in turn:

1. There are a number of ways to fund a claim including a no win no fee agreement – this will allow your claim to be made with a solicitor not charging you upfront any legal fees. If the claim is won the solicitor can charge the other side legal costs in addition to your compensation. The solicitor can charge the other side extra due to the fact that a risk was taken in running your claim.

If your claim does not succeed - your solicitor will not charge you any legal fees.

2. Using a no win no fee agreement – you can effectively make a claim at no cost to yourself although an insurance policy is necessary for expenses known as disbursements and the risk of the other side’s costs should you lose your claim.

3. Your solicitor will obtain details of your employment history and will need a description from you of what each job entailed together with a description of the symptoms you are suffering. You GP and hospital notes can be accessed to verify the diagnosis of silicosis, pneumoconiosis and asbestosis.

4. The process for industrial disease claims can be quite lengthy – especially when many employers are involved. Each employer must be contacted and a claim initiated. if the employer is not in business – the insurance in place at the time of your employment must be traced so that the claim can be directed to the insurance company. All employers should have in place appropriate insurance by law. An industrial disease claim can therefore last several years – but remember it is the solicitor who is doing the work not you – so your involvement will be limited.

5. The amount of compensation will depend entirely on the severity of the silicosis, pneumoconiosis and asbestosis. Click silicosis / pneumoconisis compensation amount and asbestosis compensation to see how much to see examples.

If you would like to make a claim click industrial lung disease claim to commence online or to request that I call you back in person to discuss further.

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UK industrial disease solicitor explains how to claim compensation if you have used vibrating machinery such as a jigger pick, floor bolter, whizzer which did not have appropriate anti vibration protectors

Hand arm vibration syndrome victim question

I worked in Salford, Greater Manchester doing a task called dinting, which required the use of vibration machinery including jigger picks, floor bolters and whizzers. All this machinery vibrates excessively.

The fitter at work deliberately removed the anti-vibration protector to the machines as it was believed that the machinery would not break down so fast. This left me exposed 7 hours a day to vibration, which has led to problems with my fingers, hands forearms and shoulders. I went to see my GP who referred me to a specialist and I was diagnosed with hand arm vibration syndrome / HAVS.

My exposure to vibrating machinery ended two years ago and I have since been suffering considerably. I was diagnosed with HAVS approximately 1 year ago.

Am I entitled to claim compensation?

Industrial disease solicitor response

Vibrating machinery such as jigger picks, floor bolters and whizzers should have anti-vibration protection so that workers do not suffer any form of vibration condition.

The fact that the fitter at work removed the anti-vibration protection from the machine, whether or not it is true that this would cause the machinery to break down less often, is clearly negligent and as such puts workers using the equipment at danger from developing vibration conditions, such as vibration white finger / VWF  or hand arm vibration syndrome / HAVS.

Vibration conditions such as hand arm vibration syndrome typically lead to symptoms at the time of using the vibrating machinery or within 1 year after using the machinery.  It therefore appears that the symptoms you have suffered to your fingers, hands, arms and shoulders were caused by the vibrating machinery and as a result you have been diagnosed only a year ago with hand arm vibration syndrome.

There are three years from date of injury or date of knowledge of injury to make a claim – as you were diagnosed one year ago it appears that you are within time to claim from your employers.

The negligence of the fitter will be considered your employer’s responsibility through a doctrine known as vicarious liability. Your employer must have in place appropriate liability insurance for injuries to workers.

Should you wish to proceed with a claim for your injuries in Salford or anywhere else in the UK or speak to me in person click hand arm vibration claim.

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