I am interested in learning more about occupational emphysema claims. I am a retired miner who was recently diagnosed with occupational emphysema after breathing difficulties forced to make a trip to the Accident and Emergency room. Since then my breathing has improved due to the treatment given to me by the doctors at the hospital, however I am still shaken by the experience and feel that I am entitled to pursue compensation. Do I qualify for compensation?
In order to determine whether occupational emphysema claims is an option for you, it must first be determined whether or not your former employer at the mine is responsible for the development of your illness. Coal miners are a high-risk group in terms of developing occupational emphysema and your illness may be down to negligence on the part of your former employer – you will have to prove this first however. You have already completed the first step in making a trip to the hospital – the medical report you were issued with will serve as a vital piece of evidence if your former employer denes liability for your illness.
The next step in pursuing occupational emphysema claims is gathering more evidence. If your employer failed in his duty of care towards you there may be evidence to support your argument. Photographs of your former workplace, logs of accidents which may be available in you’re the mine’s Accident Report Book and testimony from former co-workers could all be used as effective evidence to support your claim.
Compensation for occupational emphysema can often be substantial; reflecting the seriousness of the disease. In more serious cases of emphysema breathing apparatus can be required.
While coal miners are a high risk group for occupational emphysema, there is the danger that you in some way contributed to the development of the condition – smoking, which is estimated to be responsible for around 80% to 90% of emphysema cases. If you are a smoker or have ever smoked, it could inhibit your claim.
Claimants who pursue work related claims are advised to speak with a qualified injury claims solicitor at the earliest possible opportunity. Occupational emphysema claims can be difficult to execute and as they can take a long time to develop, it can often be difficult to prove that a former employer is responsible.