I have recently learned that I may have developed occupational bronchitis and am interested in pursuing occupational bronchitis compensation. A visit to my doctor confirmed that I may be suffering from occupational bronchitis after I visited him complaining of a persistent cough and shortness of breath. My doctor told me that the condition is most likely the result of my 20 years spent as a welder. Am I eligible to claim for compensation?
While your bronchitis may have been caused by your former career as a welder, it is imperative that you are able to prove that your former employer was responsible for your injury before proceeding with a claim for occupational bronchitis compensation. All employers have a duty of care towards their employees, and only when it can be proven that an employer failed in their duty of care to an employee can compensation be claimed.
The first step in proving that your former employer’s negligence led to your illness is undergoing a full medical examination to confirm that you actually have occupational bronchitis – this will enable you to procure a medical report, an essential piece of paperwork in injury and illness claims. Although your doctor may have already diagnosed you, the documentation will help you to prove your case in court.
Just because your condition may have been caused at work, it does not mean that your employer can be deemed fully responsible for your illness. If for example, you failed to wear protective clothing or a facemask despite being asked by your superior, you could be deemed to be guilty of contributory negligence and be forced to forfeit some of your award if your claim is successful.
You may also have to cede some of your award if you are found to have exacerbated your condition. In order to try to ensure that this does not occur you should take some preventative measures – increase your fluid intake, try to breathe in more humidified air and get plenty of rest. If you’re a smoker, you should quit immediately.
Pursing a claim for any illness can be hard work, especially when it is still a burden. In order to ensure that your claim for occupational bronchitis compensation has the best possible chance of succeeding, you should speak with a qualified personal injury claims solicitor at the first possible opportunity.