Occupational Illness

Can I claim occupational illness compensation even when I no longer work for the company?
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor, Editor in Chief

Question:

Can I claim occupational illness compensation even when I no longer work for the company at which I acquired my condition?

Answer:

Many people who claim compensation for an occupational illness do so many years after they have left the employer who was responsible for their condition. The symptoms of some occupational illnesses can take many years to manifest, and the important thing to remember is that you have two years from the “date of knowledge” that you have an occupational illness in which to claim compensation.

In some cases, you may also be able to claim occupational illness compensation when an employer is no longer trading. If it is possible to trace the ex-employer´s public liability insurance company you should be able to make a claim for occupational illness compensation against the previous insurers provided you are able to show that your occupational illness was due to your previous employer´s negligence.

Some people will have acquired an occupational illness from more than one employer – for example, ship workers who were exposed to asbestos in the shipyards. In these cases, you can claim occupational illness compensation against two (or more) previous employers even if they are no longer in business, but –again – only if you can show that their lack of care led to your occupational illness.

For more specific advice, you are advised to speak with a solicitor at the earliest opportunity. Only then will you receive advice which is directly relevant to your personal circumstances.

Copyright © 2009-2013 Eoin Campbell

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