Archive for the ‘Industrial Disease’ Category

Silicosis Pneumoconiosis Asbestosis Claim: Tunnel Worker Industrial Compensation

Saturday, September 10th, 2011

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.

Hand Arm Vibration Syndrome HAVS Claim: Jigger Pick Floor Bolter Whizzer Machines

Sunday, September 4th, 2011

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.

White Finger Claim: VWF Rock Drill Jack Hammer Compressor Power Tools

Thursday, August 18th, 2011

UK industrial disease solicitor sets out how the use of vibrating machinery such as rock drill, jackhammer, air powered tools and other compressor tools on a construction site can cause vibration white finger and lead to a compensation claim against your employer or former employer

Industrial VWF victim question

I worked for many years using air power tools that were run by a compressor these tools included rock drills, jackhammers and other tools.

I worked for a construction company in the Liverpool, Manchester and the North West regions of England.

As I approached the end of my employment with the construction company I noticed a numbness in my fingers with pain in the hands.

At the beginning of 2011 I went to see my GP about these symptoms and I was informed that I might be suffering from vibration white finger or VWF.

My employment at the construction company stopped approximately three years ago – is it still possible to make a claim against my former employer?

Industrial disease VWF solicitor response

When you use vibrating machinery powered by a compressor such as rock drills, jack hammers or air powered tools – it is quite common that injury can occur in the form of vibration white finger / VWF or hand arm vibration syndrome / HAVS.

It is generally recognised for these symptoms to be associated with vibrating machinery your symptoms should commence whilst the tools are still being used or within a short time period after finishing work with them – typically within 1 year.

From your description – it appears that your symptoms commenced whilst you were still employed in the construction company.

You have three years from the date of injury or the date of knowledge of your injury to commence a claim in the UK courts. As your exposure occurred in England those courts must be the English courts.

Although you have suffered symptoms of VWF for over three years it is only when you attended with your GP at the beginning of 2011 that you were diagnosed with vibration white finger and as such it is likely that January 2011 was the date of knowledge that you had suffered a significant injury and that injury was due to hazardous work conditions.

It is however extremely important that you use a specialist industrial disease solicitor to make your VWF claim and you act as quickly as possible.

Should you wish to commence a claim for injury on a construction site or to arrange a free callback from me in person click vibration white finger compensation claim.