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 (Emphysema) and received a compensation payment. Since that time I have been diagnosed with worsening 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.