Industrial Disease Compensation

Am I still able to claim industrial disease compensation?
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief

Question:

I have recently been diagnosed with an industrial disease that was caused by the working conditions in a job I had many years ago. Am I still able to claim industrial disease compensation?

Answer:

Although the Statute of Limitations states that you have only two years in which to claim personal injury compensation, the two years starts from the “date of knowledge” that you sustained an injury, and not the physical date(s) on which you may have been exposed to the substances which caused your industrial disease.

This means that even though you may have worked in a work environment which caused your injury many years ago, you have two years from the date on which you were diagnosed with an industrial disease in which to claim industrial disease compensation.

However, it is important that your industrial disease compensation claim proves negligence on behalf of your employer at the time you sustained your injury in order for your claim for industrial disease compensation to be successful. Therefore, it is recommended that you speak with a solicitor as soon as possible to discuss the circumstances surrounding your industrial disease.

Copyright © 2009-2019 Eoin Campbell

For more information about environmental litigation, please see Helios Avocats.