In this article, we look at compensation claims for lung diseases caused by breathing in hazardous dust and particulates in work environments like this. If you suffered a health impact from an occupational risk at work, our article explains how you could start a pneumoconiosis compensation claim today.
Pneumoconiosis compensation claim guide
Lung diseases like this can take years to reveal themselves. You may have retired or left the mining industry some time ago and have doubts that any claim you make now could be valid. However, you may still be able to claim even if it has been years since you were working in the job where you contracted your condition.
At Legal Expert, our team can assess the eligibility of your claim. Furthermore, with no charge or obligation to proceed, they could help you start a compensation claim today. You can call us on 0800 073 8804 or write to us at Legal Expert to get started. Alternatively, why not ask our ‘live support’ portal a question for instant help?
Select A Section
- What Is Pneumoconiosis?
- Risk Factors
- What Are The Signs And Symptoms Of Pneumoconiosis?
- Causes Of Pneumoconiosis
- Getting A Diagnosis And Starting Treatment
- Who Are Pneumoconiosis Compensation Claims Made Against?
- What Effect Could Time Limits Have On Your Ability To Claim?
- Pneumoconiosis Compensation Claims Calculator
- Special Damages And Medical Costs
- No Win No Fee Pneumoconiosis Compensation Claims
- Starting Pneumoconiosis Compensation Claims
- Essential References
- Pneumoconiosis Compensation Claims FAQs
What Is Pneumoconiosis?
Pneumoconiosis occurs coal dust is inhaled over a long period of time. The condition develops as the dust is inhaled, coating the lining and delicate air-sacs of the lungs. Over time, it creates scar tissue that makes the act of breathing itself painful and difficult.
In a similar way, inhalation of asbestos can lead to a condition called mesothelioma. This is a form of cancer that develops on the outer surface of certain organs in the body.
Silicosis is another long-term occupational lung disease caused by inhaling crystalline silica dust and likewise can inflict serious breathing and respiratory issues for the sufferer. There is no cure for pneumoconiosis or similar diseases.
Risk Factors
There are a number of job roles that could increase your risk of contracting silicosis. These include:
- Stonemasonry and cutting, especially of sandstone
- Demolition and construction
- The manufacture and fitting of worktops
- The manufacture of glass, ceramics and pottery
- Quarrying and mining
- Sandblasting
This is because silica can be found in a number of different kinds of stone. If you do a job that creates fine dust containing silica, you could inhale it, which could lead to health problems.
Mesothelioma, on the other hand, is commonly caused by exposure to asbestos. This is a fibrous material that was used in construction in the past. It was banned from use in 1999 but can still be found in older buildings. If you work in a job that might cause you to be exposed to asbestos, then this could lead to mesothelioma.
If you would like to know more about the duty of care that your employer has to protect you from these risk factors, why not speak to our team today for more free legal advice? Otherwise, read on to find out more about the symptoms of these illnesses.
What Are The Signs And Symptoms Of Pneumoconiosis?
As someone breathes in coal dust, asbestos or silica dust, the lungs become inflamed as they try to get rid of the particles. Over time with prolonged exposure, this reaction can cause scar tissue to form on the lungs. This scar tissue can stop the lungs from functioning in the way they are supposed to.
Common symptoms can include some or all of the following:
- A cough
- Coughing up lots of phlegm
- Shortness of breath
- Feeling weak or tired
If you think that you could be suffering from pneumoconiosis, then you should seek medical attention from your GP. They’ll perform a physical examination and ask you questions about things like your work history and whether you were provided with Personal Protective Equipment (PPE). If they suspect that you have pneumoconiosis, then you’ll usually be referred to a specialist to confirm this.
Causes Of Pneumoconiosis
As we have already mentioned, pneumoconiosis is a disease that is caused when particles of dust are inhaled. These dust particles settle on the lungs and cause them to become irritated and inflamed. Over time, this causes scar tissue to develop in the lungs, which stops them from working properly.
While you’re at work, your employer has a responsibility to ensure your health and safety as much as reasonably practicable. This is outlined in the Health and Safety at Work etc. Act 1974. For instance, your employer is expected to carry out risk assessments so that hazards to your health can be removed or reduced.
More specifically, however, the Control of Substances Hazardous to Health 2002 is a piece of legislation dictating how employers should protect their workers from hazardous substances. It states that employers need to:
- Carry out risk assessments so that hazards can be identified.
- Introduce control measures to reduce the risk of harm and enforce their use.
- Ensure that employees are informed, instructed and trained properly.
- Provide monitoring and surveillance for health where necessary.
There are some other risk factors that can increase your likelihood of developing pneumoconiosis. For example, smoking can increase your chances of developing this disease.
Your risk of developing pneumoconiosis also increases the more you are exposed. Those who are exposed to a lot of hazardous dust or who are exposed for a long time could be at higher risk of developing this condition than they otherwise would be.
Getting A Diagnosis And Starting Treatment
If you present symptoms of pneumoconiosis to your doctor or GP, they may conduct a physical examination and speak with you about your medical and work history.
A CT scan or chest x-ray may be carried out. These kinds of diagnostic tests could show lung nodules or masses in the lung.
A breathing test can also be performed to check the levels of oxygen is reaching the blood from the lungs. These kinds of tests might also show how well your lungs are working. In some cases, a biopsy may be needed to exclude the possibility of any other diseases.
Getting your condition diagnosed is a positive step for your health. This is because even if there is no cure for the disease, diagnosis can mean that you get treatment to manage your symptoms. However, medical records can also be useful as supporting evidence in your claim, as it demonstrates a link between the condition you have and the environment you worked in.
Who Are Pneumoconiosis Compensation Claims Made Against?
Because pneumoconiosis is such a latent disease, it may be that you have left the company where you were exposed. In some cases, the company may not even exist anymore.
If the company is still in operation, then you would make a claim directly against them. This is the case even if you no longer work for them.
However, if the company is no longer in operation, then you may be able to launch a claim through their insurance company. According to the Employers’ Liability (Compulsory Insurance) Act 1969, all employers must have insurance in place to cover them against personal injury claims made by employees. You can claim against this insurance company even if the original employer is no longer operating.
What Effect Could Time Limits Have On Your Ability To Claim?
You may be wondering “how long do I have to make a pneumoconiosis claim?”. When you make a personal injury claim, there is generally a three-year time limit to starting your claim for compensation. This usually runs from the date that you were injured.
However, pneumoconiosis can take a long time to display symptoms from exposure. It may be the case that, by the time you start displaying symptoms, the usual time limit for starting a claim has long since passed.
In these circumstances, it would be more appropriate to start the time limit for making a claim from the “date of knowledge”. This is the date you knew (or should have known) that the symptoms you were experiencing were the result of employer negligence. This could be the date you are diagnosed with pneumoconiosis.
According to the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, dependants of people who died as a result of work-related pneumoconiosis could also be eligible to claim. They would need to do this through Jobcentre Plus within 12 months of the death of the person who suffered from the condition.
If you would like to know more about the time limits that could apply to starting a pneumoconiosis compensation claim, speak to our team today. Otherwise, read on to find out how much your claim could be worth.
Pneumoconiosis Compensation Claims Calculator
Pneumoconiosis compensation claims could include two different heads of claim; general and special damages. General damages are the part of your claim that covers any pain and suffering the injury has caused. The value of the general damages head of your claim will depend on how badly you were injured and how long the effects are likely to last.
You will always need to provide medical proof when you claim work-related injury. As part of your claim, you will usually be invited to a medical assessment with an independent expert. Their findings will be detailed in a report, which will be referred to alongside the Judicial College Guidelines to help value your claim.
Below, we have included a number of different compensation brackets from these guidelines. They could illustrate how much your claim may be worth.
| Injury | How much? | Notes |
|---|---|---|
| Lungs | £65,710 to £118,150 | Mesothelioma causing severe pain impairing both function and quality of life. |
| Lungs | £65,710 to £91,350 | Lung cancer which proves fatal |
| Lungs | £36,060 to £99,330 | Pleural thickening and asbestosis, where the disability can be attributed to asbestos in excess of 10%. |
| Lungs | £14,140 to £36,060 | Pleural thickening and asbestosis, where the disability can be attributed to asbestos between 1 and 10%. |
Again, it’s important to note that these amounts are guidelines. For a more accurate assessment of how much you could be owed, why not speak to our team today?
Special Damages And Medical Costs
Special damages are the second potential head of a personal injury claim. It covers any financial loss or out-of-pocket expenses that your condition has led to. For example, your condition might mean that you’re no longer able to work, resulting in a loss of earnings.
In addition to this, you may need expensive medical treatments or procedures. Furthermore, if you’re left unable to look after yourself, this could also include the cost of care or adaptations to your property to help you cope.
Special damages offer you the opportunity to claim these expenses and outgoings back. You will need to provide evidence, which could be in the form of:
- Bills
- Receipts
- Bank statements
For more information on what could be included in a pneumoconiosis compensation claim, speak to us today. Our team will be happy to offer you free legal advice.
No Win No Fee Pneumoconiosis Compensation Claims
Because the process of claiming for pneumoconiosis can be quite complex, you may find the guidance and expertise of a solicitor make the process quicker and simpler. However, you may be concerned about the legal fees that this could incur.
If this is the case, you may wish to use a No Win No Fee agreement to fund your legal representation. This kind of agreement can also be referred to as a Conditional Fee Agreement. It means that you won’t be asked to pay your solicitor anything in order for them to start work on your claim, and they won’t request payment if the claim is unsuccessful.
In fact, the only time you’ll be asked to pay your solicitors’ costs is if your claim is successful. If this happens, they will deduct a legally capped success fee from your compensation.
For more information about No Win No Fee solicitors or to be connected with one of our lawyers today, speak to a member of our team. Or read on to find out more about how Legal Expert can help you.
Starting Pneumoconiosis Compensation Claims
You don’t need to have a solicitors’ representation when making a personal injury claim for compensation. But if you choose to use one, you may be wondering how you can choose a solicitor to represent you.
Contact Legal Expert today, and we can help. One of our advisors will be able to have a brief chat with you where they assess the validity of your claim. If your claim has a good chance of success, you could be connected with one of our solicitors. We offer a nationwide service and can assist you no matter where you are in the country.
To find out more about how we could help you, speak to our team today. Our contact details can be found below.
Essential References
To sum up, thank you for reading our guide on pneumoconiosis compensation claims. We can assist with all kinds of workplace accident claims.
At Legal Expert, we want to give you the best chance of receiving the compensation you’re owed. Speak to us about your claim today. You can:
- Call us direct on 0800 073 8804
- Write or email us at Legal Expert
- Use the ‘live support’ option to the bottom-right of this screen
Pneumoconiosis Compensation Claims FAQs
We look at some commonly asked questions about pneumoconiosis compensation claims below. Also, we can help with any other points or questions you may have. Get in touch, and our team are happy to help.
What is an example of pneumoconiosis?
There are a number of different conditions that come under the umbrella of pneumoconiosis, and they differ depending on what substance was inhaled. For instance, asbestosis might occur as the result of breathing in asbestos. On the other hand, Siderosis could occur if you breathe in iron particles; it’s also known as welders’ lung.
What are the symptoms of pneumoconiosis?
Symptoms of pneumoconiosis include shortness of breath, a persistent cough, fatigue and pain in your chest.
Can I still claim for miners’ knees?
If it’s been less than three years since you became aware that your injuries were the result of your employers’ negligence, you may still be able to claim. If the company that employed you no longer exists, then you may be able to claim against their insurance company.
How does pneumoconiosis affect a person?
Pneumoconiosis can affect your ability to breathe as the scar tissue in your lungs reduces their function. For example, this could stop you from working or carrying out your normal daily activities.
Thank you for reading our guide about making a pneumoconiosis compensation claim.
