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Black Lung Claims
Making A Black Lung Claim
Industrial Injury and Diseases Compensation / Black Lung Claims
Black Lung Claims
Black Lung is an occupational illness that refers to two interlinked conditions: coal worker’s pneumoconiosis (CWP) or progressive massive fibrosis (PMF). Black Lung is caused by inhaling coal dust, usually contained in confined spaces where the inhalation can be excessive, which then causes the lungs to eventually turn black.
Causes of Black Lung
People who work in coal mines or come into contact with coal in some other capacity on a regular basis are more at risk of developing Black Lung than others. Even if you don’t work with coal directly but you wash or handle the clothes of someone who does, then you could still be at risk of contracting black lung if the exposure is excessive and consistent.
Black Lung Symptoms
To start with, there are usually little or no symptoms until it progresses past a certain point and then the symptoms become more pronounced. Chronic coughs, weight loss, tiredness, ankle swelling, lung cancer and the production of lots of mucus are very common symptoms of Black Lung. The severity of these symptoms will be dependent upon the severity of the illness.
Treatment of Black Lung
There is sadly no cure for Black Lung disease currently. Preventative advice includes washing the hands, arms and face immediately following possible contact with coal dust. You should also not eat food or touch your mouth or take medicine after being in contact with coal dust. Chest X-rays, medical and occupational history checks are made if it is suspected that you might be suffering from Black Lung. Respiratory tests are then used to officially see whether you have Black Lung or not.
An Employer’s Duty to Protect from Black Lung
Employers must fulfil their duty of care to ensure the safety of their employees. This includes the provision of personal protective clothing, which can include a dust or respiratory mask. Adequate ventilation and breaks from work which must be organised so that exposure is set at a minimum and there must also be regular risk assessments to ensure that the health and safety measures undertaken are up-to-date and effective in preventing damage.
If your employer has failed to adhere to the necessary health and safety guidelines and regulations, then you could have a very valid occupational illness claim if you have been affected as a result.
Time Limit For Black Lung Disease Claims
In many cases, your illness must have occurred in the last three years in order to be valid but there are certain exceptions to these rules such as in certain industrial illness cases.
How Much Compensation?
All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. Compensation is understood by looking at two specific factors: general damages and special damages.
General Damages
The pain and suffering that your injuries have caused are main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to based upon your injuries.
Special Damages
In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed. With the exception of children, there is a three-year time limit on making a personal injury claim. This time limit begins from the date that the accident initially occurred. Therefore, you should contact a personal injury solicitor as soon as possible to assess your case.
Making Personal Injury Claims
You may be entitled to compensation for a range of compensation claims under accident claims. Our experts will help assess your potential claim going forwards and provide you with proficient advice. Contact First Personal Injury to discuss your potential compensation claim today by ringing 0333 358 2345 or by filling out the online claims form.
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Get in touch with First Personal Injury on 0333 358 2345 or through our online claim form.