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SILICOSIS COMPENSATION CLAIMS
If you have been diagnosed with Silicosis within the last 3 years and it is associated with your past or present employment then contact LPS today.
LPS has dedicated Industrial Disease solicitors that have helped thousands of people successfully claim silicosis compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee claims process.
What is Silicosis?
Silicosis is a completely preventable but incurable respiratory disease which is, fortunately, now rare in the UK. It is caused by inhaling silica dust (or‘chrystalline’ silica). If this dust is inhaled, small particles of it can become embedded into parts of the lung and cannot be cleared by mucous or coughing. The dust is toxic to the lining of the lungs causing a strong inflammatory reaction. Eventually, this causes the lung tissue to become irreversibly thickened and scarred – a condition known as fibrosis. This scar tissue prevents the lungs from taking in oxygen properly.
Serious exposure to high levels of silica can cause disease within a year, but it usually takes at least 10 – 15 years of exposure before symptoms occur. The longer the interval between exposure and the onset of symptoms, the slower the disease tends to progress.
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SILICOSIS COMPENSATION CLAIMS
Types of Silicosis
Chronic Silicosis is the most common form, caused by long-term exposure (usually more than 20 years) to low levels of silica dust. It may cause breathing problems and result in a dry cough (with or without pain). It can take a long time for symptoms to appear by which point the lungs can have suffered widespread damage.
Accelerated Silicosis is caused by exposure to a higher level of silica over a shorter period of time, (usually between 5 to 15 years). Swelling in the lungs and symptoms occur faster than in chronic silicosis. Symptoms can include severe shortness of breath, weakness, and weight loss.
Acute Silicosis is the rarest form of silicosis and symptoms develop quickly after only a short period of exposure to high levels of silica dust, often leading to immediate damage. Symptoms start with breathlessness and a dry cough which continues to worsen despite treatment. The lungs become very inflamed and can fill with fluid causing severe shortness of breath. Sadly this acute form of the disease is often fatal.
Serious exposure to high levels of silica can cause disease within a year, but it usually takes at least 10 – 15 years of exposure before symptoms occur. The longer the interval between exposure and the onset of symptoms, the slower the disease tends to progress.
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Frequently Asked Questions (FAQs)
What is an industrial disease or injury?
These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.
Examples of industrial diseases and injuries include the following:
- Asbestos-related diseases such as mesothelioma or asbestosis
- Occupational Asthma
- Pneumoconiosis
- Silicosis
- Chronic obstructive pulmonary disease (COPD)
- Dermatitis
- Hand Arm Vibration Syndrome
- Vibration White Finger
- Carpal Tunnel Syndrome
- Dupuytren's Contracture
- Work-related Tendonitis
- Epicondylitis (Golfer's and Tennis Elbow)
- Carpet Fitter's or Housemaid's Knee
Who will pay the compensation?
It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.
Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.
My employer has gone out of business, can I still claim?
Will my case go to court?
How much will it cost to fund my claim?
What are the time limits for industrial disease claims?
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.
Can I still claim state benefits?
If a family member has died as a result of an industrial disease, can we make a claim?
It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.
However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.
What are the time limits for industrial disease claims?
You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.
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