Time Limits
Regardless of which work related condition has been diagnosed, if it can be proven that it was caused by negligence and/or breach of statutory duty of an employer (past or present), then with the exception of pleural plaques it may be possible to make a personal injury claim for compensation.
In a claim for personal injury, under the Limitation Act 1980, the injured party has 3 years from the date of the accident in which to issue court proceedings. In the case of industrial disease claims however, as there is no accident date as such, the injured party has 3 years from the ‘date of knowledge’ in which to bring a claim.
The ‘date of knowledge’ is defined as the date at which the Claimant knew or suspected they had a significant condition, (i.e. asbestos related disease, occupational deafness, work related upper limb disorder and so on) and attributed that condition to their workplace.
Knowledge is not limited to actual knowledge and the Act includes knowledge which one might reasonably have been expected to acquire from the facts observable or ascertainable by you or from facts ascertainable with the help of medical or other appropriate expert advice which it is reasonable to have been sought.
In fatal cases the claim must be commenced within three years of the date of death, or within three years from the date the deceased’s family became aware that the cause of death was due to a work related condition.
It is therefore vitally important that legal advice about making a claim is sought without delay.
Once you have decided to instruct a personal injury solicitor to act for you they will investigate whether the employer (past and present) responsible for the exposure still exist or whether the insurers can be traced. If it is possible to pursue a claim it will also be necessary to investigate the medical issues and obtain evidence to assess and prove the potential value of the claim.
Time is however, of the essence. Do not delay, if in any doubt, seek legal advice immediately.
For free advice contact our New Enquiries Team today, by phone or using the online claim form below.
All information is treated with the utmost confidentiality. Call us now: 01279 638803 or fill in the Online Claim Form