Bladder cancer compensation claims
In this article we set out what you need to know about making a successful bladder cancer compensation claim.
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.
If you have been injured in the last three years and someone else was to blame, then we can help you make a compensation claim.
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.
I have a strong claim - why won't a solicitor take it on?
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.
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 compensation awarded depends on a variety of factors including the severity of bladder damage, speed of deterioration of the illness and the claimant's life expectancy. Under the Judicial College Guidelines for Personal Injury Awards, the recommended payout is between £17,000 and £100,000.
Compensation may also be sought for out of pocket expenses such as loss of earnings, medical costs, counselling and travel expenses.
A no win no fee agreement (also referred to as a Conditional Fee Agreement) is put in place between the claimant and a suitably qualified solicitor.
A CFA is the terms and conditions under which the solicitor is instructed by the client.
The contract documents what the solicitors will do as well as how the solicitor will be paid if the legal case is won.
If you choose a Quittance Personal Injury solicitor for your bladder cancer claim there are no sneaky hidden charges , no up-front fees and the comfort that you will not be financially out of pocket.
The nationwide network of QLS solicitors carry out the legal work for all types of compensation claim, from less-severe claims to life-changing injuries. Selected for their track record in winning cases, our solicitors have years of dedicated experience winning compensation for claimants.