Occupational Emphysema Claim
Can I make an occupational emphysema claim, even though according to the doctor I have had the disease for several years? I have only become aware of the disease recently, and think that it is related to my years spend working as a coal miner.
The first thing any individual contemplating making an occupational emphysema claim in Ireland needs to be made aware of is the Statute of Limitations. All claims for personal injuries must be initiated within a two year time period. Any claim made once the claim window has closed will almost undoubtedly fail as the Statute of Limitations is rigorously enforced by judges, and it is highly likely that no respondent would ever accept liability for a late claim for occupational emphysema.
That said, you may not be disqualified from making an occupational emphysema claim, provided that you submit your claim in time. It is recommended that you discuss the circumstances of your personal case with a personal injury solicitor in order to establish that you still have enough time.
In general, the two year time limit set by the Statute of Limitations begins from the date the injury was sustained. For example, a car accident usually involves injuries which are immediately apparent. However, because occupational emphysema develops over a number of years – even decades – the window for making a claim for this condition commences from the date it was diagnosed. Therefore, if you wish to claim occupational emphysema compensation, you must ensure that your claim is initiated within two years of receiving the diagnosis from your doctor.
In order to make your occupational emphysema claim, you need to inform your employer – or former employer if the case may be – to make sure that your condition has been filed in your employer’s Accident Report Book as a work-related illness. In the instance that this step is impossible to take, you should discuss this with an experienced personal injury solicitor when you attend the free initial consultation to confirm your entitlement to compensation for occupational emphysema.
You would be well advised in speaking with a personal injury solicitor as soon as practically possible about making an occupational emphysema claim for compensation. You should be aware that some time may be required to prepare a claim before it can be filed and the opportunity for successfully recovering compensation could be put into jeopardy when any unnecessary delays are made. Even if you believe you still have enough time, you should not hesitate in speaking with a solicitor and commencing your claim.