The Role of Solicitors in Long-Term Occupational Disease Claims

Occupational diseases, particularly those occasioned by long-term exposure to toxic materials such as asbestos, may take many years or even decades to manifest. These conditions, including but not limited to mesothelioma, asbestosis, and asbestos-related lung cancer, are extremely debilitating to workers and their families due to the severeness of health impacts and the financial expenditure for medical treatment and lost income. Claims for asbestos compensation need to be pursued along with the case of occupational diseases. However, legal intricacies overwhelm the victim in such claims.

Here comes the asbestos claims solicitor, who plays a very critical role. The article below puts into perspective the role solicitors play in assisting people who pursue compensation for long-term occupational diseases, especially asbestos-related conditions, so that claimants get the money they rightfully deserve.

Understanding Long-Term Occupational Diseases

Long-term occupational diseases are those that develop from continuous exposure to harmful substances or unsafe working conditions over a long period. Such conditions usually appear quite late, often many years or even decades after actual exposure. Diseases caused by asbestos probably remain the most recognisable types of long-term occupational illness and still afflict workers today in industries ranging from construction to shipbuilding.

Long-term effects of asbestos exposure commonly include the following occupational diseases:

• Mesothelioma: It is a type of tumour originating in the linings of the lungs or abdominal cavity. It is almost exclusively related to asbestos exposure, with a latency period of 20 to 50 years.
• Asbestosis: A chronic lung disease due to asbestos fibre inhalation causes scarring of the lung tissues and symptomatically leads to breathing difficulties.
• Lung Cancer: There is a significantly higher risk of lung cancer with long exposure to asbestos; with tobacco smoking, the risk is even higher.

These diseases have a very long latency period, and due to this, most of the diagnoses occur at a time when the victim is no longer being exposed to asbestos; most firms where the exposure took place have closed down or merged with other firms. This is where the delay adds immense complication to asbestos compensation claims, which therefore requires professional services from solicitors who deal in such cases.

The Role of Solicitors in Asbestos Compensation Claims

Asbestos compensation claims solicitors provide crucial help for those who have been diagnosed with diseases due to asbestos exposure. They have the experience and expertise to navigate the legal process efficiently, trace previous employers, gather evidence, and ensure their clients receive the compensation they are entitled to.

The following is how asbestos claims solicitors play a critical role in long-term occupational disease claims:

1. Investigation of Exposure Source:

• One of the more overwhelming issues surrounding asbestos claims is identifying where and when the exposure occurred. The latency effect of asbestos diseases can allow claimants to be exposed to asbestos many years previously, often at numerous job sites or while working for different employers.
• The asbestos claimant lawyers will research a client's work history to find the source of asbestos exposure. This may involve an investigation of employment records, interviews with colleagues and co-workers, and indeed liaison with experts in occupational health to identify actual periods and locations of exposure.
• Results of this investigation are quite fundamental in providing substantial ground for a claim, as it draws direct relations between the exposure and diagnosis of an asbestos disease.

2. Tracking Employers and Insurers:

• Many companies which have exposed employees to asbestos are no longer trading, making any claims of compensation very hard to pursue. Nevertheless, asbestos claims solicitors are used to tracing the firms which no longer exist and identifying their insurers—often many decades following the date of exposure.
• Insurers are still liable in law for compensation payable upon a claim, irrespective of whether the employer for whom the claimant worked is no longer in business. Solicitors use specialised resources and databases to trace insurers so that compensation may still be pursued. Without such expertise, many claimants may find this quite difficult to trace the responsible party, leaving them without the financial support they need.

3. Gathering Medical and Occupational Evidence:

• Claims for asbestos compensation are highly dependent upon proof that the asbestos exposure has caused an illness. Solicitors will work with medical professionals to provide extensive reports that link a diagnosis and its symptoms back to asbestos exposure. The reports may include information regarding the staging of the disease, extent of symptoms, and prognosis of the patient.
• Other than medical evidence, solicitors also gather occupational evidence to assist in proving that the exposure took place within their workplace. Their work may involve examining safety records, industrial hygiene reports, and applicable government regulations at the material time of exposure. Expert witnesses, including occupational health experts, may testify about the risks associated with asbestos and an employer's lack of regard for the safety of employees.

4. Overseeing the Legal Process:

• Compensation via the courts is often time-consuming and complex, especially in cases of long-term occupational diseases. Asbestos claims solicitors manage all aspects of the legal process, including preparing the claim to negotiate with insurers or represent your case in court.
• The solicitors ensure that claims are filed in the required time scale given by the Limitation Act 1980, and in most cases, claims have to be brought within three years of diagnosis. They will also handle all correspondence with insurers and opposing parties so as not to burden claimants with further stress and pressure during such a distressing period.

5. Seeking Maximum Damages:

• Compensation for asbestos-related diseases ranges from financial losses in terms of medical expenses, loss of income due to pain and suffering, to care costs. Asbestos claims solicitors make sure that claimants receive the maximum available compensation under the law.
• If the claimant dies, solicitors can help the family or dependants in claiming compensation for the loss of financial support, expenses incurring the funeral arrangement, and emotional suffering. These usually fall within claims under the Fatal Accidents Act 1976 that secures financial support to families whose loved one died due to a work-related illness.

6. Advising on Compensation Schemes:

• In addition to the common claims for damages, some claimants are eligible for state-funded compensation schemes. For example, under the Diffuse Mesothelioma Payment Scheme, compensation is available for those whose mesothelioma diagnosis has been in a situation where they cannot trace their former employer or the employer's insurer.
• Advising claimants whether or not they would qualify for such schemes, and on how to apply: Such schemes provide important sources of financial assistance to those whose circumstance means that a traditional legal claim is unavailable, without which many may go uncompensated.

The Importance of Expert Legal Support in Asbestos Compensation Claims

Claims involving long-term occupational disease—asbestos exposure—is extremely complex, so that the involvement of asbestos claim solicitors who have experience cannot be overemphasised. Such solicitors are conversant with the difficulties in tracing employers and evidence collection through to litigation to ensure that compensation is awarded to claimants.

Asbestos claims are complex and require professional knowledge in both the legal and medical fields concerning asbestos-related diseases. Without the support of a specialist solicitor, many people will find it difficult to get compensation for their suffering and financial losses.

Why Choose Humphreys & Co. for Asbestos Compensation Claims?

Humphreys & Co. have vast experience in the handling of long-term occupational disease claims, especially those dealing with asbestos exposure. With their team of expert solicitors specialising in asbestos compensation claims for over 38 years, they work closely with people and families affected by asbestos diseases.

The leading asbestos claim solicitors at Humphreys & Co. support the claimants with the much-needed proof to trace their former employers and insurers, establish the case for compensation through classic claims and government-backed schemes. They work with their clients closely in seeing that every avenue for compensation is explored, and the whole process is pursued with care and professionalism.

Contact Humphreys & Co.

Expert legal advice should be sought at the earliest opportunity if you or a loved one has been diagnosed with mesothelioma, asbestosis, or another asbestos-related disease. Asbestos claims solicitors, such as Humphreys & Co., can guide you through the process and help in ensuring that you receive the compensation to which you are entitled.

To find out more about how Humphreys & Co. can assist with long-term occupational disease claims, email them at lawyers@humphreys.co.uk or contact them through their website.

Conclusion

Long-term occupational diseases, especially those due to asbestos exposure, have a strong impact on the employee and his or her family. The pursuance of compensation for asbestos can provide much-needed financial support that covers medical treatment and lost income, among other related expenses. However, because of the legal complexities of asbestos claims, it is indeed necessary to seek the advice of expert asbestos claims solicitors.

Solicitors, for instance, like Humphreys & Co., knowledgeable about asbestos-related diseases and the legalities down to the core, have played a major part for individuals and families in securing compensation to which they are entitled. Whether through traditional compensation claims or government-backed schemes, their expertise ensures that claimants receive the financial support they need during such a difficult time.