Ex Miner Emphysema Compensation Claim: Terminal Illness

Find Out In A Question And Answer Session Whether An Ex Coal Miner Can Claim Compensation For Terminal Illness If A Compensation Payment Has Already Been Received

Ex Coal Miner question:

I am an ex miner and have already claimed from the National Coal Board for a breathing disorder and received a compensation payment. Since that time I have been diagnosed with Emphysema and do not have long to live.

Can I claim more compensation as I am about to die?

 Industrial injury solicitor response

The solicitor who represented you in your original breathing disorder claim should have properly examined your lung condition using a medical expert so the settlement of your claim should have included the breathing disorder you now describe – as emphysema is a progressive condition.

I therefore suggest you contact your original solicitors to view your file of papers.

Regretfully – you cannot claim for the same injury twice in UK law. The exception would be that after your original settlement you had continued exposure to coal dust in which case compensation for the worsened condition might be possible.

2 Responses to “Ex Miner Emphysema Compensation Claim: Terminal Illness”

  1. Brian says:

    I am from Stalybridge in Cheshire. For 10 years up to 1984 I worked as a coal miner. In 2012 I was diagnosed with pneumoconiosis and as a result of this brethaing condition I am short of breath and have been unable to work.

    Recently my lung conitions has significantley got worse so much so that I now live on state benefits and probably will for the rest of my life.

    Is it possible to have a claim for my black lung conition? Please could you offer me some advice?

  2. As you have only just been diagnosed with coal miners’ pneumoconiosis in 2012 – it is quite likely that you will be in time to make a claim for your lung condition.

    It has to be shown that you were exposed to coal dust at work without adequate ventilation, breathing protection and training necessary to avoid lung injuries, such as pneumoconiosis or coal miners’ black lung.

    You need to act quickly and to this end it would be helpful if you would call me at my office on 0161 8346776 to discuss or click miners’ compensation claim to complete my online form and have your claim assessed online or arrange for a free call back from me in person.

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