Bladder Cancer Compensation Claims
If you have been affected by bladder cancer we can help.
The purpose of this guide is to help anyone who has suffered bladder cancer and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
bladder cancer compensation:
According to Cancer Research UK, an estimated 10,000 new cases of bladder cancer are diagnosed in the UK each year - around 28 people every day. 42% of these cases are considered to be preventable.
A significant proportion of cases are identified as occupational bladder cancer, caused by exposure to hazardous chemicals (carcinogens) at work. Chemicals used in the plastics, petroleum, rubber and tanning industries are known to increase the risk of developing bladder cancer.
If a person is diagnosed with bladder cancer due to their employer's negligence, they may be entitled to make an industrial disease compensation claim.
Do I have a bladder cancer claim?
A bladder cancer injury claim should be possible if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a bladder cancer claim on their own behalf.
What if I was diagnosed months after the bladder cancer?
Depending on how your bladder cancer happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.
Causes bladder cancer in the workplace
Many chemicals are known to increase the risk of developing bladder cancer. Exposure to these substances usually only occurs in the workplace, and in particular in manufacturing processes such as those listed below.
- Chemical manufacturing
- Leather tanning
- Rubber and tyre making
- Metal casting
- Dye manufacture
- Painting and decorating
It can take 25 years or more for bladder cancer to develop after exposure to carcinogenic chemicals in the workplace. Many cases being diagnosed today are the result of exposure to chemicals that were banned over 20 years ago, such as azo dyes, polycyclic hydrocarbons, arylamines, amines and benzidin.
If an employee is exposed to a carcinogen as the result of their employer's negligence, and develops bladder cancer in later life, it is often possible to demonstrate a link between the two.
Is my employer laible?
Employers have a legal duty to protect their employees from harm. This obligation is laid down by the Health and Safety at Work etc Act 1974 and, more specifically for bladder cancer, the Control of Substances Hazardous to Health Regulations (COSHH).
Where a known carcinogen cannot be eliminated, for example because the chemical is a necessary component of the manufacturing process, then an employer must protect workers by:
- Installing barriers, ventilation and other safety measures
- Providing personal protective equipment such as breathing masks, goggles and safety clothing
- Training staff on the potential risks of the hazardous chemical and the correct safety procedures
- Providing regular health screening
If an employer fails to follow any of these requirements and a worker is later diagnosed with bladder cancer they could be held liable. However, it must be established that the bladder cancer is a direct result of workplace exposure to a carcinogenic chemical.
What if I am a smoker?
Smoking can increase the risk of developing bladder cancer by up to four times. Where a claimant both works with carcinogenic chemicals and smokes, it can be difficult to determine whether the chemical exposure or the smoking caused the disease.
A personal injury claim may still be possible under these circumstances. During a medical examination arranged by an injury lawyer, a cancer specialist will ask questions regarding past and current employment to ascertain whether workplace exposure was a likely cause.
The amount of money you could claim for your bladder cancer will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your bladder cancer has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a bladder cancer? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Bladder cancer compensation amounts
The following bladder cancer payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Bladder and bowel injury|
|Bladder and bowel injury||Severe||Total loss of bowel and bladder function||Up to £146,840|
|Bladder injury||Moderate||Long-term injury with full recovery||£18,660 to £24,950|
|Bladder injury||Serious||Serious impairment of control||£51,000 to £63,720|
|Bladder injury||Severe||Complete loss of function and control||Up to £112,100|
|Bladder injury||Very Severe||Total loss of bowel and bladder function||Up to £146,840|
What is the average injury compensation for a bladder cancer claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a bladder cancer will depend entirely on your specific circumstances.
Your bladder cancer compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Bladder cancer compensation
Calculating how much compensation you can claim for a bladder cancer injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your bladder cancer claim could be worth now:
How long does a bladder cancer claim take?
How long it can take to get compensation for bladder cancer can vary significantly.
For example, a simple liability accepted injury claim could be completed in a matter of weeks. However, if liability is denied a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. See: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your bladder cancer claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How does no win, no fee work?
No win, no fee means that your solicitor will not charge you anything at all if your bladder cancer claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a bladder cancer injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my bladder cancer claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my bladder cancer claim?
If your bladder cancer claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. bladder cancer claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Bladder cancer FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a bladder cancer claim?
In general, you have a time limit of up to 3 years from the date of the bladder cancer to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your bladder cancer claim becomes 'statute barred'.
Can I claim for a bladder cancer after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim bladder cancer compensation.
In reality, there are a number of factors that can affect whether a bladder cancer claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.