Industrial disease claims in the family

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Industrial diseases such as mesothelioma, respiratory disease and dermatitis force us to change the way we live our lives and any person who has been diagnosed with an industrial disease should be encouraged to pursue their full right to compensation under the law.

Thompsons Solicitors in Scotland can help claimants and their families on their journey to secure compensation and recognition of illness caused by failures in the workplace. Similarly we can help you if your family member is too unwell or otherwise incapacitated as a result of an industrial disease, to undertake a claim on their own behalf.

We are a claimant-only firm. This means that we only ever represent victims in these cases and are committed to securing compensation from negligent parties, including large and powerful employers.

Why make a claim?

Claiming compensation is about ensuring that you and your family are not left out of pocket as a result of an industrial disease that has been caused by the negligence of an employer.

We work to protect the rights, health and economic interests of claimants and their families. This includes securing compensation for lost earnings, lost overtime, lost bonuses, medical expenses, the cost of equipment, retraining, rehabilitation and more. Furthermore, when appropriate we work to secure compensation for the cost of private treatment so that recovery is not slowed by NHS waiting lists. If your family member is concerned about "making a fuss" it is important to remember that they have a legal right to pursue compensation; a successful claim will only serve to reduce the amount of "fuss" and inconvenience felt in the long-term.

Benefits of making a claim

If an employee is too unwell to work Statutory Sick Pay (SSP) can be paid by an employer for up to 28 weeks. To be eligible for SSP you will need to have been off work for 4 or more days in a row (this includes non-working days).

Some people, especially those with a non-life threatening occupational illnesses, may not want to make a claim, particularly if they plan to continue working for their employer. So, they may take some time off work on SSP and go back to work after the 28 week entitlement is up or they might go back early because SSP is far below their full wage. If they are not fully recovered from their illness this can cause serious problems.

At Thompsons we can help accident victims by ensuring their rights. This means that your industrial illness claim will take into account the full time you need to recover properly and the compensation amount will reflect your full pay including any lost overtime and bonuses.

Claims on behalf of a family member

If the person diagnosed with an industrial disease has full mental capacity and is physically able, they are required to make the claim on their own behalf. However, even in these circumstances you can be of assistance by helping to organise meetings, medical appointments, the gathering of evidence and other forms of practical and emotional support.

In the event that the case reaches the courts and the claimant is too unwell to attend hearings, you may attend instead, but a note from a GP or other doctor is necessary to confirm this.

Fatal disease claims

As the relative, spouse or partner of a person who has died as a result of an industrial disease, you are entitled to make a claim as long as it is three years within the date of death or within three years of the date on which the cause of death became known.

If a claimant dies before an ongoing claim is settled, you may be able to continue with the claim on their behalf. Talk to Thompsons, so that we may advise you in these difficult situations.

Sensitive and committed service

Thompsons has forged a strong reputation for upholding the rights of claimants while acting as sensitively as possible. We make it our priority to pursue your full rights under the law while also taking care of your most pressing needs, including interim payments where possible.

Furthermore, we seek to ensure access to treatments and rehabilitation therapies as well as protection from their cost. If you or your family member would benefit from this approach, contact us today for more information.

Protecting claimants and their right to claim

Employees who develop an occupational illness may fear reprisal from their employer if they pursue a claim. This is understandable, but it is important to know that a claimant's employment rights are protected by the law.

We can advise claimants of their full options and help them stay protected. As one of the most experienced firms in the country we can be relied upon to provide the support that is needed every step of the way.

Thompsons – Helping you help your loved one

Thompsons is one of Scotland's leading personal injury solicitor firms and is dedicated to helping ill parties and their families secure compensation. For more information on industrial disease claims, please click through to our FAQs Page.

We offer a No Win No Fee package that protects claimants from legal fees should they lose their case, but we win around 90% of the cases we take on. Call 0800 0891 331 to talk to us today.

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