The law, when it comes, to safety in the workplace, is relatively clear. When an individual suffers from workplace illnesses as a result of negligence, you can take your employer to court. A good example of this is those who are suffered illnesses and diseases as a result of asbestos. The rise of asbestos lawsuits has rose in the last few years as the research has improved.
Anyone is expected to work without the fear of suffering from an illness or disease. As such, more people have found that they are suffering from an occupational disease as a result of their work.
Health and Safety
Many employers are keen to implement stringent health and safety rules within their venture. But, there have been some cases where a lax attitude has prevailed. As a result, some employees have been struck down with illnesses as a consequence of this. A lead paint lawyer, in particular, has found that his case load has been increased as more cases come to light about the use of this paint in industries. If an employer has failed to give the right PPE to their staff, they could find themselves in court for failing to provide an adequate duty of care.
Occupational Disease and the Law
All businesses, irrespective of their size, must adhere to the stringent guidelines as espoused by health and safety legislature. A failure to do so can result in employees not being safeguarded against occupational disease. Your employer must provide risk assessments and lower the risk where they can. What’s more, they must ensure that they have doctors in place to assess the ongoing danger. Many employers must also take steps to ensure that you are not put through the trauma of contracting illness through work. Some companies will change their workplace processes. They will adopt new practices to ensure that their workforce is not faced with the threat of occupational disease.
But, what if your employer does not have this attitude? What happens next?
Occupational Disease: The Next Steps to Take
If you are found to be suffering from an occupational disease, they must ensure that they are remunerated for their losses. In some cases, some people find themselves unable to work as the severity of the illness is so great. Occupational diseases, therefore, must be compensated. A good lawyer will be able to help you through this process.
You will need to ensure that you have medical records and a diary of events. Think about the takes that you have undertaken in work. Think about the chemicals or substances that were used that were attributed to your illness. You also need to ensure that you have health and safety documents in your possession.
Once you have all of these auditing places, a lawyer will assess your suitability to claim. One this has been determined; you will be guided through the court process. In some cases, an employer will decide to settle out of court. If your employee refuses to accept liability, the case will have to be taken to court. By ensuring that you have the right lawyer in place you can ensure that you are compensated for the health issues that have occurred.