Occupational Cancer Claims – A Guide to Claiming Compensation

If you’ve been diagnosed with cancer that can be linked to a current or previous job, you may be entitled to claim compensation for your suffering. This may be the case if your cancer can be linked to being exposed to dangerous substances in the workplace. In this guide to claiming compensation for occupational cancer, we explore how the claims process works, how compensation for cancer is calculated and how our solicitors can help with occupational cancer claims.

If you or a loved one has been diagnosed with occupational cancer, we can help you to start the claims process. First, one of our specialists can review your case in a free initial consultation and offer legal advice about how to proceed. If they believe you have a feasible claim, one of our specialist solicitors may agree to represent you. If they do, you’ll benefit from their No Win, No Fee claims service which should make your claim much less stressful.

You can reach out to discuss an occupational cancer claim with a legal advisor by:

• Calling on 0333 241 2519 to speak with a specialist.
• Using our free online chat service day or night.

Getting legal advice swiftly after a diagnosis of cancer can significantly enhance the chances of receiving the compensation you deserve.

What Is Occupational Cancer?

The term occupational cancer describes work-related cancers caused by exposure to carcinogens. We’ve listed some of the most common carcinogens that can increase the risk of work-related cancer:

• Asbestos.
• Cadmium.
• Formaldehyde.
• Arsenic.
• Wood dust.
• Vinyl chloride.
• Trichloroethylene.
• Benzidine.
• UV radiation.
• Leather dust.

Many different factors can increase your risk of being diagnosed with cancer. During your employment history, if you’ve been exposed to any of the carcinogens listed above and have been diagnosed with cancer, you might be entitled to claim for your suffering.

Some of the most common work-related cancers include lung cancer (including mesothelioma), bladder cancer, skin cancer, liver cancer and throat cancer. The Cancer Research UK website suggests, around 4% of UK cancer cases can be linked to exposure to work-related health hazards. They state that some of the most at-risk types of work include painting, construction, manufacturing, agriculture, forestry, mining and fishing.

If you believe your cancer is related to your work, call our legal advisors now to find out your options for free.

Can I Make an Occupational Cancer Claim?

One piece of legislation that means employers have a legal responsibility towards the well-being of their staff is the Health and Safety at Work Act 1974. This means that they need to take reasonable steps to protect you whilst you’re working. These steps may include:

• Conducting risk assessments to ensure your workplace is safe.
• Providing personal protective equipment (PPE) such as face masks and disposable gloves.
• Training you on how to handle dangerous chemicals and substances safely.
• Ensuring there is adequate ventilation in the workplace.

Taking some of the steps listed above could mean the employer has met their legal obligations. Failure to take such steps could mean your employer has been negligent and that could enable you to start an occupational cancer claim.

As such, if your work-related cancer claim is to succeed, it will generally need to be proven that:

• The employer you blame for your cancer owed you a legal duty of care; and
• Their negligence caused you to be exposed to carcinogens at work; and
• As a result, you’ve been diagnosed with cancer.

Occupational cancer claims are particularly specialised examples of industrial disease claims. Therefore, if you have been diagnosed with cancer that you believe has resulted from your work, please get in touch so we can review your options for free.

What Should I Do If I Have Developed Occupational Cancer?

If you suspect that exposure to certain substances at work has led to occupational cancer, there are several actions you can take to address the issue and potentially lay the groundwork for a compensation claim:

• Notify your employer of your concerns in writing, detailing the circumstances you believe have contributed to your condition and when you noticed symptoms.
• Consult with your GP or a medical specialist to get a proper diagnosis and begin any appropriate treatments.
• Inform your employer of any medical advice or recommendations provided by your GP to mitigate the effects of exposure and prevent further harm.

If your employer does not take appropriate action in response to your concerns and medical advice, they may be considered negligent. Should you decide to pursue a claim for occupational cancer, this negligence could be a critical element of your case. If you find yourself in this situation, reaching out for legal advice is a wise step. Our specialists are here to review your claim at no cost, offering expert guidance on how to proceed.

What Evidence Can Be Used for Occupational Cancer Claims?

Proving a link between your employment and your cancer diagnosis won’t be the easiest thing to do unless you have evidence to support your case. This could include:

• Copies of medical records and specialist tests to confirm your cancer diagnosis.
• Reports proving that carcinogens were present in your workplace.
• A full list of your employment record to help narrow down where you were exposed to dangerous substances at work.
• Witness statements from colleagues who can confirm your working practices.
• Any correspondence you’ve received from your employer about your illness.

If you work with one of our solicitors on your occupational cancer claim, they’ll try to establish the cause of your illness and attempt to secure the evidence to prove your case.

How Long Do I Have to Claim Cancer Compensation?

In most types of accident at work claims, you’ll have 3 years to start legal proceedings from the date you were injured. Due to the complexity of workplace cancer cases, this isn’t the case and it’s more likely that your time limit will begin from your ‘date of knowledge’. This is typically the date your cancer was diagnosed or it was linked to your occupation.

To see how long you might have left to begin a cancer compensation claim, call our legal advisors and they’ll explain the time limit that applies to you.

What Compensation Can I Claim for Workplace Cancer?

There isn’t a defined amount of compensation for workplace cancer. Instead, each case is based on its merits meaning compensation payouts can vary.

The first factor considered is how much pain and suffering your cancer has caused and the severity of your symptoms. This can be based on your medical records and independent medical reports. The compensation for pain and suffering is called general damages. It also covers any loss of amenity if your cancer has caused any impact on your normal social activities, hobbies and family life.

Additionally, general damages can compensate for psychological suffering as well as your physical symptoms. That means you could be compensated for depression, anxiety, distress and other forms of suffering linked to your cancer diagnosis.

The second factor that will be included in any occupational cancer compensation payout is any financial impact your disease has had. This is called special damages and could cover:

• Current and future loss of earnings.
• Medical treatment costs.
• The cost of installing stair lifts at home or adapting your home to make it more accessible.
• Care and nursing costs.
• Travel expenses.

If you’d like to know how much compensation for occupational cancer could be paid in your case, please call our legal advisors now.

Can I Claim Compensation if a Loved One Has Died of Occupational Cancer?

We realise that losing a loved one in any scenario is difficult to talk about with others. However, you may be wondering whether you could claim compensation following the death of a loved one because of occupational cancer.

Fatal accident claims are possible where a direct link between the cancer diagnosis and the deceased’s employment can be proven. If you make a successful claim, you could receive compensation to cover:

• The pain and suffering endured by your loved one before they died.
• Funeral costs and similar expenses.
• Loss of companionship.
• Loss of benefits i.e. if you were dependent financially on your loved one’s income.

If you’d like us to check if you have grounds to claim compensation, please get in touch. We won’t pressure you at all but we will offer free legal advice about your options.

Can I Claim Compensation for Workplace Cancer If I’m Not a Full-Time Employee?

It may be possible for any type of worker to start a cancer claim so long as the cancer can be attributed to their working conditions. That’s because the same duty of care exists for all employees regardless of the type of employment contract.

As such, you might be entitled to claim compensation for work-related cancer as a subcontractor, zero-hours worker, agency worker, temp, consultant or if you’re self-employed.

To check whether that’s the case, please call the number above and speak to a member of our team today.

Do You Need a Solicitor for Occupational Cancer Claims?

As stated earlier, occupational cancer claims are one of the most complex types of injury claims. While you may wish to take on a claim on your own, the complex medical and legal queries that are likely to arise can be hard to deal with unless you’ve received specialist legal training.

If you work with one of our accident-at-work solicitors, you should find the process becomes much easier. Also, their skills and experience might improve your chances of being compensated fairly for your suffering.

If your work-related cancer claim is taken on, your solicitor will generally:

• Handle your case from start to finish and ensure it’s filed correctly.
• Deal with your employer or their insurer so you don’t need to.
• Negotiate on your behalf to counter any objections raised.
• Keep you updated about how your claim is progressing.
• Ensure that your suffering is reflected fully by any compensation offer you accept.

So that you don’t need to worry about the cost of legal representation, our specialist solicitors provide a 100% No Win, No Fee service for all accepted occupational cancer claims. This means that you will only pay for your solicitor’s work if you receive a compensation payout.

The type of contract our solicitors use is called a Conditional Fee Agreement (CFA). If your claim is won, up to 25 per cent of your compensation will be used as your solicitor’s success fee. This is legally capped.

To check if you could start a No Win, No Fee occupational cancer claim, please call now.

Do Work-Related Cancer Claims Go to Court?

Solicitors will always want to avoid court hearings wherever possible because they can be time-consuming and costly. Generally, they will work with the employer’s insurers to come to an amicable agreement in which the injured individual receives a fair settlement.

In our experience, very few cancer claims go to court. However, a court hearing could be arranged if:

• Your solicitor believes that you have a very strong case; but
• Your employer denies liability for your cancer diagnosis; or
• They offer a settlement which doesn’t cover your suffering.

Your solicitor will support you until the end of the process if your claim does require a court hearing.

Contacting Us About an Occupation Cancer Compensation Claim

If you’ve decided that you’d like to claim compensation for occupational cancer, we are ready to help. To get in touch, you can:

• Call our team on 0333 241 2519 to discuss your options.
• Use our free live chat service 24 hours a day.

You won’t face any pressure to claim in the consultation but if you do decide to proceed, and your case is accepted, your occupational cancer claim will be managed on a No Win, No Fee basis.