Emphysema compensation claim solicitors

Your employer has a legal duty of care towards you. They must do what they reasonably can to ensure that you are kept healthy and safe while at work. They have to protect you when you are at work and if they are negligent in doing so, you may be able to make an Emphysema compensation claim against them. 

You may be able to make an Emphysema compensation claim due to work.. You may be able to claim against your employer if your employer was at fault for your causing Emphysema. This may be the case where your employer could have prevented you from contracting it.

For example,  your employer may be responsible for exposure to dust and chemicals which harmed you and can cause Emphysema. This means they were ‘legally at fault' and are ‘legally responsible'' as they contributed to the development of the condition. They may be by negligence or by failing to do something, such as by not providing you with equipment to reduce your risk of exposure. 

You should claim Emphysema compensation as this lung condition has a huge impact on your quality of life. You may no longer be able to work, and go about your daily life as you used to. It can affect you physically as well mentally and emotionally, such as through:

• anxiety
• depression

When you make an Emphysema comenation claim, you may wonder how much compensation Compensation claim payouts for Emphysema can range between £55,000 to £77,000. The amount of compensation, however, can depend on various factors such as:

• how serious the lung disease is
• how poorly your lungs function
• how old you are
• how long is your life expectancy is
• if you are continuously coughing
• how much earnings you have lost
• the medical expenses you have incurred
• changes you have been forced to make to your everyday life 

Compensation for Emphysema, like any other personal injury compensation claim, will  include:

•  general damage for your pain and suffering
•  special damages for your financial losses and expenses. 

A good personal injury lawyer will know the evidence they need to gather to make your Emphysema compensation claim in order to prove liability. An experienced solicitor will be able to get hold of this even if your workplace no longer exists. Evidence you may need includes:

• medical records
• expert opinions
• looking at the health and safety policy of your employer

You may need to undergo a medical examination as part of an Emphysema compensation claim. This is because there may still be a need to diagnose the disease. Symptoms alone cannot give a diagnosis so you may need to undergo:

• laboratory test
• lung function test

You may be wary about making a compensation claim against your employer, as you understandably fear being fired as a result.  However, your employer is not allowed to fire you simply because you make a work compensation claim.  Instead, they have a legal duty to make sure that you are healthy and safe at work so if they fail at this, you may have a right to try to make a compensation claim. 

If your employer sacks you for making an emphysema compensation claim, we suggest you speak to an employment lawyer as you could make an employment claim against your employer.

It can be possible to claim Emphysema compensation on behalf of a family member. You can do this for:

• a child
• someone who lacks the mental capacity to make their compensation  claim

You may be able to make a compensation claim for Emphysema on a no-win fee basis with National Accident Helpline. When you make a no win no fee claim with us your personal injury lawyer will take out insurance on your behalf that will cover all your claim costs and expenses including medical report fees, court fees and any barrister fees; so long as you comply with their terms and conditions, you won't have to pay any costs upfront, and there are no hidden surprises.

Whatever type of personal injury claim a person makes, there is a limit to how long you have to start your claim. Therefore, you must make your Emphysema compensation injury claim three years from the date you contracted Emphysema or within three years of the date of knowledge. The date of knowledge is when you realised that you had contracted Emphysema.

The timeframe to process a personal injury claim varies so there is no specific time that your Emphysema claim will take. However, it can be sped up if you choose an experienced personal injury lawyer and assist them in getting the evidence required for our compensation claim. In addition to the time it takes to gather evidence, personal injury compensation claims time frame can be affected by:

• whether or not the other party admits they are at fault
• how complicated is your claim is

It is common to worry that by making a personal injury claim, you may have to go to court to fight the claim. However, it is rare for a compensation claim to reach court. With National Accident Helpline, only 5% of our personal injury claims reach court. What is more likely is that you receive a court date for your Emphysema claim, but the date is later cancelled. This is because the other party admitted they were at fault once they received information about your claim.