In the US, around 100,000 people have died or are terminally ill due to being exposed to asbestos in their work in the ship building industry. It is no wonder that there has been a huge number of individual and group personal injury claims against the ship building companies which used asbestos despite knowing of its toxicity.
Perhaps partly due to the worldwide outrage over the continued use of asbestos right up until the 1980s in some places, employers now have a responsibility to ensure the safety of their workers at work. In the UK, this is determined by the Health and Safety at Work Act of 1974.
Establishing employer negligence
According to the Health and Safety at Work Act, employers have a duty to ensure the health and safety of their employees ‘so far as is reasonably practicable.’ What this means in practice is that they have a duty to make even dangerous jobs as safe as they possibly can. The law recognises, however, that some jobs can still be dangerous even after everything is done to protect workers.
In order to receive personal injury compensation, you must be able to establish that your illness is due to employer negligence. Ask yourself whether or not there is anything that your employer could have done to prevent you from becoming ill. Could different, non-toxic materials have been employed?
Could you have worn ear-protectors to prevent your hearing loss? Could machines have been used instead of manpower, or could you have received proper training that would have prevented you from injuring yourself gradually over a long period of time? If there is something that could have been done, your employer should have done this.
Claiming for personal injury compensation from your employer
If you’d like to know whether or not you have a case against your employer, call our expert advisers at Accident Advice Helpline. They’ll be able to tell you whether or not your employer should have done something to protect you, and also if there are any legal precedents that are relevant to your situation; if any other people have successfully claimed for the same illness and reason, for example.
We work on a no win, no fee basis, and with the minimum of hassle to the claimant themselves.
Date Published: November 24, 2013
Author: David Brown