The vast majority of personal injury claims will be lodged with the courts within three years of the accident/incident which brought about the injuries. As road traffic accidents tend to account for the most personal injury claims very often the injuries are immediately apparent, although whiplash injury may take longer to become apparent. The three-year deadline for lodging a claim for compensation allows for evidence to be gathered, advice to be taken and very often for the claimant to recover at least partially.
While the three-year deadline for claiming compensation accounts for the majority of actions, we have seen a growing number of claims pursued more than three years after the incident. The vast majority of these involve some kind of medical condition which may have been misdiagnosed or remain undiagnosed for some time. We will now take a look at some of the more common claims beyond the three-year deadline and the legal process.
Common Injury Claims Pursued After The Three Year Limit
There are numerous reasons why claims are pursued many years after the initial incident and well past the traditional three year time limit. It may include developments in medicine, a realisation of damage caused to employees exposed to specific materials for example or simple misdiagnosis. Some of the more common conditions include:
Hand Arm Vibration Syndrome
Hand arm vibration syndrome (HAVS) is often referred to as vibration white finger or carpal tunnel syndrome and is an extremely painful condition. As the name suggests, this refers to injuries associated with the use of equipment which vibrates such as pneumatic drills, hedge trimmers, chainsaws, concrete breakers and grinders. While it has taken many years to officially recognise hand arm vibration syndrome it has led to millions of pounds in compensation payments. It will depend upon the type of equipment used and the longevity of use but there are three main issues to take into consideration. These are vascular injuries, musculoskeletal injuries and neurological injuries.
- Vascular injuries
This type of injury tends to be more visible during cold weather. It involves damage to blood vessels which constricts the flow of blood around some of the extremities of the body, such as fingers. Some of the worst cases of vascular injuries are plainly evident as impacted areas will turn from a pink colour to white. While the impact is heightened during cold weather this type of condition is always in the background and can be extremely painful.
- Musculoskeletal injuries
Arthritis and tendinitis tend to be the main musculoskeletal injuries associated with hand arm vibration syndrome. It is the constant shaking of the body which can have a serious impact upon dexterity and everyday actions such as gripping items. Unfortunately, in the past we have seen instances where sufferers simply put this down to “old age” when it is fairly simple to link it back to historic working activities.
- Neurological injuries
A tingling sensation in the fingers to a lack of grip, neurological injuries caused by hand arm vibration syndrome tend to be irreversible. As with musculoskeletal injuries, this type of nerve damage is often thought of as part of the ageing process when this may not necessarily be the case. Thankfully, advertising campaigns of years gone by have alerted many sufferers with doctors able to carry out tests to confirm the condition. If you think about it, a simple activity such as gripping a cup or saucer can prove difficult for sufferers and lead to life changing scenarios.
Common Symptoms Associated With Hand Arm Vibration Syndrome
All HAVS sufferers will to a certain extent experience a reduction in their dexterity. Some of the more common symptoms include:
- White patches on the skin
- An uncomfortable tingling in the fingers
- Loss of sensation in the fingers
- Numbness in one or more fingers
- Issues gripping and using hands
As the vast majority of actions resulting in hand arm vibration syndrome involve machinery controlled by the hand and arms this is why the hands and fingers take so much punishment. We have seen situations where sufferers have been diagnosed decades down the line and still been able to claim compensation for loss of earnings and the impact on their lives.
Exposure To Asbestos
In a similar scenario to hand arm vibration syndrome, many asbestos-related claims have been lodged years after the traditional three-year deadline. Again, this is because developments in medicine and various tests have highlighted the potential deadly impact of asbestos particularly on the lungs and an individual’s breathing capabilities. While many claims are grouped under “asbestos injuries” there are various types of medical conditions brought about by exposure to asbestos. They include:
- Mesothelioma
This is described as a type of asbestos cancer which tends to originate from the lining of the lung after exposure to small particles of asbestos dust. As with all types of asbestos-related illness, the impact on the individual’s breathing capacity can be extreme.
- Lung cancer
Full blown lung cancer can be linked to heavy asbestos exposure although very often, especially in historic cases, the smoking of cigarettes can complicate matters. As the particles of asbestos can remain in the lungs for many years it is possible to prove they are present when claiming against an employer.
- Pleural thickening
The simplest way to describe pleural thickening is a restriction of the lungs and their ability to expand. The asbestos fibres penetrate the wall of the lungs creating an inflexible covering thereby reducing lung capacity.
- Pleural plaques
Pleural plaques occur when asbestos fibres penetrate the wall of the lungs creating small scars which are often visible on x-rays. The scars are often benign, and of no real medical threat to an individual, but they do highlight potential negligence by employers which can result in compensation.
- Asbestosis
Best described as fibrosis of the lungs, asbestosis is linked to heavy exposure to the material. As the particles of asbestos vary greatly in size, it is relatively easy to inhale them where they will cause damage to the lungs. Like so many asbestos type medical conditions it can be difficult to reverse once the process has begun. Sufferers often report a gradual worsening of their respiratory function which can have a knock-on effect to other parts of the body.
Common Symptoms Associated With Asbestos
Asbestos has been banned for many years now but not before impacting the lives of many people throughout the UK. The main damage caused by asbestos is due to the fact that the fibres are relatively small and can be inhaled. Penetrating the walls of the lung they can lead to a variety of different respiratory issues and in some cases can lead to cancer. In a similar fashion to hand arm vibration syndrome, asbestos-related breathing issues were not fully recognised until many years after the event. Claims are still going through the courts today and this is likely to continue for many years to come – although some sufferers will have passed away due to the condition.
Long-term Negligence
Most personal injury claims relate to sudden unexpected accidents. However, over the years we have seen an array of long-term negligence claims presented to the courts. Exposure to potentially fatal asbestos and vascular, muscular and neurological issues connected with the use of vibrating equipment, have resulted in significant compensation claims.
One of the main difficulties with some symptoms is the fact that they are often associated with “old age”. So we can only estimate how many people have suffered from long-term exposure to various scenarios without making any compensation claim. The idea that linking a medical condition today to events of 20 or 30 years ago may sound challenging to say the least. However, developments in medical diagnosis have made it fairly easy to link such conditions today with activities and exposure of years gone by.
Who Will Pay The Compensation?
Due to the relatively long-term nature of these two specific conditions, it is easy to assume that because a company is no longer in existence there is nobody to hold accountable. The fact is that if any third-party from years gone by was proven to be negligent then they may well be liable for compensation. The fact that a company may no longer be in existence is irrelevant as the vast majority would have had some kind of insurance cover.
In the event that compensation is awarded to claimants the courts would look at the insurance situation at the time. Even if insurance cover had expired, all cover in place when the initial medical condition began to develop would be valid. Therefore, over the years we have seen many insurance companies paying out on claims for injuries which may have their origins decades ago. They are still liable to pay compensation if valid cover was in place at the time and the court will ensure this is pursued.
Summary
While we have seen campaigns highlighting conditions such as vibration white finger and asbestos respiratory issues, many people will have died without claiming their rightful compensation. There is a general misconception with regards to the three-year deadline in which you can claim compensation. It does not relate to the date of the accident/exposure but the actual date of diagnosis. If you have any doubts you should take advice from a personal injury claims solicitor.
