Am I eligible to pursue a case for construction bricklayer injury claims? I was recently diagnosed with occupational asthma and am eager to claim for compensation. I worked as a bricklayer for over 30 years for the same employer and have just retired, which has left me less secure financially and less able to afford the treatment and medicines I need to treat my condition.
In order to pursue construction bricklayer injury claims, potential claimants must be able to prove that someone other than themselves is responsible for their injuries or illnesses. It is understandable that you wish to pursue compensation for bricklayer injury as a result of developing occupational asthma having just settled down to enjoy your retirement – and you may be able to do so if you can prove that your former employer is responsible for you developing the illness.
Although occupational asthma can be developed relatively early on – around six to twelve months after first coming into contact with an irritant – it can often take years or decades for the symptoms to manifest, as is the situation in your case. However, because it can take so long for a sufferer to become aware of the condition, it may make it more difficult to prove that someone else was responsible for you developing it.
You may be able to pursue a case for construction bricklayer injury claims if you can prove that your former employer failed in their ‘duty of care’ to you. Under the Health and Safety Act 1974, an employer is required to take measures to ensure the safety of their employees – this includes providing appropriate safety gear where necessary, including a face mask, which you should have been issued with while working as a bricklayer. Employers are also required to carry out risk assessments of any new worksites – including any of which you worked on during your 30 year career – to stay in line with COOSH (The Control of Substances Hazardous to Health Regulations) and ensure that all work is carried out in a ventilated environment.
While there are many Acts and regulations which your employer was obliged to comply with, and which your lawyer may be able to refer to when handling your claim for construction bricklayer injury compensation, it can often be difficult to prove liability so long after the illness was developed. A danger also exists that you will be unable to redeem compensation as your former employer may have ceased operating or be deceased.
Whatever the circumstance, construction bricklayer injury claims are always better handled with assistance from an experienced personal injury claims lawyer who will be able to assess your entitlement to compensation and guide you through the claims process.