Did you know that between 2021-2035, it is predicted that the case numbers of most cancers will rise? According to Cancer Research UK, this includes lung cancer. Here at Gowing Law Solicitors, we understand that cancer is a very sensitive topic. It can be a scary time for the cancer patient and their families. We also understand that if the cancer was caused by a work accident or exposure to dangerous substances, this can make you feel angry or extremely frustrated. You did not deserve to suffer from cancer due to your employer’s negligence. Instead, they put you in a dangerous situation and you ended up suffering due to their incompetence. This is why you need to start looking into Lung Cancer Claims and Work Accidents.
Lung Cancer Claims can fall under personal injuries and work accidents. Keep in mind the type of claim that your solicitor suggests for you to undertake will depend on the circumstances surrounding your claim. Everyone’s claim is different. Either way, you will always get the legal support that you need to move forward with your claim. Learn more by calling our law firm on 0800 041 8350 or by using our website below:
What is a Work Accident Claim?
When we think about lung cancer and work accidents, usually this type of legal case would be classified as an “industrial accident”. Cancer UK believes that there is a growing link between cancer and a worker’s interaction with carcinogenic substances. A carcinogenic substance is one that has a mixture of different properties. So, if you are a builder or work with dangerous chemicals, materials or substances, this may put you at risk of developing a condition as you get older.
With that said, let’s take a moment to actually talk a little bit about work accidents in general. A work accident claim is there to protect you if your company, manager or the CEO of your firm has acted negligently, putting you at risk of an injury Therefore, if you do end up suffering from a physical injury, or something that has caused general and special damages, you could be owed thousands in compensation. This compensation can be used to help you afford any medical bills, future rehabilitation therapies, care work, bills or anything else that will assist you in your recovery.
Now, to talk about the obvious, a work accident is pretty much what it says on the tin. You get hurt at work. However, some accidents are going to be more severe than others. A compensation claim can be made if you were not responsible for your injuries. Instead, they happened due to the negligence of your fellow workers or someone with higher authority than you in the workplace.
Negligence and Employers: What do I need to know?
No matter what type of career you have opted for, your manager or employer owe you a duty of care. This means they have a legal responsibility to ensure your safety when you go into work. This includes:
- Providing you job training
- Explaining safety procedures
- Showing you fire escapes and security procedure
- Allowing for regular breaks throughout the day
- Providing regular activity change
- Having a clean work environment
- Not asking you to do tasks outside of your skill set
If your manager or employer fail to provide a safe environment and job, it is likely that you will eventually fall victim to a personal injury that was not your own responsibility. If more than one person was hurt due to employer negligence, the company will need to look at all of your cases individually. The amount of compensation that each of you could be potentially owed depends on the extent of the injuries each of you have suffered. Take a look below too see how your employer could act negligently and cause an accident.
Employer negligence includes:
These are only a few examples of the types of negligence that you could experience at work. But they are some of the most common examples. No matter what type of negligence you have experienced, if you are worried about your place of work, report it to HR before it becomes a problem. If the problem has been reported before it becomes dangerous, it is likely that it will be sorted and no one gets hurt. However, if it is ignored even after the report, you could use this to back up your claim that negligence has occurred in your work environment. This could increase the amount of compensation that you are owed from your employer.
What should I do if I suffer from any type of work accidents?
Obviously, work accidents come in many shapes and sizes. If you suffer from lung cancer due to exposure at work, it’s not going to be the same process as when you suffer from an immediate accident. It’s important that your solicitor takes into account both types of accidents. For instance, if you suffered from a long term illness, it’s going to be a different process to what you experience if you break a leg. Your lawyer will still ask you to collect evidence and get checked over by a medical specialist. Let’s start off with what you should do if you are hurt in a public accident at work.
You should:
- Alert fellow staff that you have been in an accident
- Ask your fellow staff for first aid and to call an ambulance
- Collect evidence to prove your case
- Speak to your solicitor to find out how you can progress with your case
With that said, if you have suffered from an industrial disease, it may take slower to progress than a broken bone or damaged organ. Take a look at the machinery or area that you work in. You will need to take note of your environment. If you are handling chemicals, have a dangerous environment, have dangerous fumes or machinery to handle, you may end up struggling with a disease. Keep an eye on your symptoms. You should not ignore them. Therefore, if you notice something worrying, go to a doctor immediately. You will need to get a diagnosis from them before you try to make your claim. When you have found out your diagnosis from your doctor or medical facility, you will need to consider how you suffered from the disease in the first place.
Take a look around the office and at the jobs you undertake. You should take note of any dangerous materials, chemicals or machinery that you work with. Your exposure to these could result in a future ailment or illness. Use this as evidence and let your solicitor know. The evidence can be used to back up your case is the following:
Lung Cancer: How can it be a work accident?
Did you know that occupational cancer kills around 200,000 people a year? For lung cancer patients, this can be due to the fact that they are working with dangerous chemicals without proper PPE or are around dangerous fumes.
This can include:
- Mineral oils
- Diesel and exhaust fumes
- Asbestos
- Nuclear chemicals
- Scientific chemicals
If you are at risk of developing lung cancer in your workplace, your employer needs to take appropriate measures to keep you safe. This includes providing PPE and making sure you are at a safe distance to any dangerous chemicals. If they fail with this, and you develop lung cancer as a result, you could be owed compensation for their negligence. Sometimes lung cancer can appear quickly, other times it can take years to develop. That’s why if you are diagnosed with cancer, and it is due to your employer’s negligence, you could be owed compensation if you make a claim within 3 years of your diagnosis.
What are the symptoms of lung cancer?
Should you be at risk of lung cancer due to your job, it’s important that you can an eye on your health. That way if you notice that you are having symptoms, you can seek help as quickly as possible. Cancer can get worse pretty quickly. That’s why it’s important that you go to a doctor as soon as you notice that something is wrong.
Symptoms of lung cancer include:
- A cough that remains after 2-3 weeks
- A cough that gets worse
- A long chest infection
- Coughing blood
- Breathlessness
- Aches or pains in your chest
- Lack of energy/tiredness
- Lack of appetitive/weight loss
When you visit your doctor, they will first inspect you through physical examination. They will see if there are any physical signs of lung cancer. If it is believed that you may have early symptoms of this disease, you will be asked to undertake an x-ray or a cat-scan, if your doctor wishes to have a closer inspection. If they do discover a lump, they will ask to do a biopsy. This will be what determines whether or not it is a cancer. They may test any lymph nodes that are in proximity to the lump, as these may contain similar cells. Your doctor will then get in touch with the results and whether or not any follow up treatments will be needed to help with the mass.
The type of treatment you receive will be determined by the width, density, size and stage of the cancer tumour.
Lung Cancer Claim: Special Damages
If you are planning on making a lung cancer claim, it’s important to understand that you can make the claim for more than just your general damages. Your general damages are any physical damages that you have suffered from. You can also suffer from special damages. Special damages account for any additional problems that you have suffered thanks to the injury, or in this case your cancer. If successful, you will be able to receive more compensation due to your damages.
Special damages can include:
It’s important to remember that you will need evidence to back up each of these work accidents claims. For instance, if you suffer from emotional distress because of your cancer, you may need a witness statement or a medical health report from a psychological expert. However, if you suffer from financial damages, you can use receipts to back up your claim that you lost money on your treatment. Your solicitor can help you organize your evidence to prove that you suffered from lung cancer because of your employer. That way you will be entitled to additional compensation and you can put it to good use.
Take a look below to get a rough estimate of how much you could be owed:
How long will it take to make a Lung Cancer Claim?
The amount of time needed to complete your claim will depend on the complexity of your claim. For instance, if your employer refuses to admit that they were at fault for your cancer, it may take longer to make a claim. After all, you will not only have to have a long settlement agreement talk but you may also have to go to court. However, other times, it may be a quick settlement because your employer is willing to pay your compensation. The best way to find out how long it will take to make a claim is to speak to your solicitor. They can give you an estimate of how long it will take and how much you could be owed. Your solicitor can also let you know about any potential delays that could impact your claim. Feel free to ask them any questions that may come to mind!
Lung Cancer Awareness Month: Make sure to get support!
It’s important that you seek out the right help if you are going through any type of cancer. Lung cancer can be scary to go through on your own. That’s why we want to raise awareness for lung cancer this month. If you are suffering from cancer, make sure to speak to your doctor or Macmillan for support and advice about how to make your life more comfortable. November is Lung Cancer Awareness month. To find out more about raising awareness for Lung Cancer, please click the link below:
Gowing Law Solicitors can help with your Work Accidents Claim
Being faced with any sort of legal claim can make you feel worried, unsettled and concerned about what your future is going to hold. It was not fair that a work accident lead to your diagnosis of lung cancer. That is why it’s essential that you speak to a solicitor from Gowing Law to ensure that you get the compensation that you deserve.
Your compensation can be used to help pay for any debts, bills or comforts during your treatment. You can ask our solicitors for free advice and consultations to get you started. If you are happy to move forward with your case, Gowing Law’s expert team of solicitors can work with you on a “no win- no fee” basis. That means you will never have to pay your solicitor any hidden fees. Instead, you will only need to pay your solicitor if they win your case for you. Therefore, you will always come out on top!
Find out how Gowing Law Solicitors can help you with your claim by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our claims checker. Feel free to ask our solicitors any questions you may have. Our specialists would be more than happy to answer anything that is on your mind.
Learn more about Work Accidents
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