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Bladder Cancer Compensation Claims

 

If you are suffering from bladder cancer that may have been caused by exposure to chemicals, radiation or some other hazardous substance, you may be entitled to claim compensation. Our specialist personal injury lawyers can provide expert claim advice and assistance, so contact us on 0800 032 8511 or by completing a claim enquiry form.

What is bladder cancer?
Which chemicals or substances can cause bladder cancer?
Which industries are known to use chemicals where exposure can lead to bladder cancer?
Making a personal injury claim
Bladder cancer compensation
Specialist claim advice

What is bladder cancer?

Bladder cancer involves the development of a tumour or multiple tumours in the bladder, which is the muscular urinary sac. It is the 8th most common cancer in men and accounts for 5% of all cancers worldwide. Early detection of the tumours by monitoring employees at risk in certain industries has greatly improved survival rates, although incidences of this type of cancer are continuing to rise, particularly in heavily industrialised countries in North America and Western Europe. It is occasionally referred to as papilloma of the bladder.

Harmful chemicals are ingested through spray, gas, fumes or splashes on to skin. The chemicals adversely affect healthy cells in the bladder at the genetic level and cause tumours to develop.

Smoking cigarettes can also increase the risk of contraction of bladder cancer.

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Which chemicals or substances can cause bladder cancer?

Generally, exposure to aromatic amines, Benzidine based dyes, azo-dyes, A-napthalimine, B-napthalamine, 1-napthalamine, 2-nathalymine, Nonox-S, 4-aminobiphenyl, xenylamine, 4-nitrodiphenyl and aniline can cause bladder cancer.

Curing agents also are a well recognised carcinogen (cancer causing agent) and these include 4.4-methylene bis (2-chloroaniline) (MbOCA e.g methylene-bis-orthochloroaniline) as well as mixtures including auramine and magenta.

Other carcinogenic dyestuffs include o-toluidine, 3.3-dichlorobenzidine and 0-dianisidine. Beryllium and its compounds also feature as a potential cause.

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Which industries are known to use chemicals which can lead to bladder cancer?

Exposure to these chemicals can occur in many different industries, including:

• Chemical industry
• Rubber industry
• Rubber tyre manufacture
• Printing
• Aluminium production
• Boot and shoe manufacture and repair
• Leather dying and tanning
• Clothing dye industry
• Painting and decorating
• Employments where there is exposure to coal tar and pitch
• Auramine and magenta production
• Any employment involving mustard gas and sulphur mustard have also been identified

Where there is any potential risk of exposure, precautions should be taken in the form of breathing protection, extraction and ventilation systems, alternative safer chemicals to be used instead, health warnings, advice and monitoring of both the worker and the workplace to ensure that it is safe.

Where it is established by the DWP (Department for Work and Pensions) that the bladder cancer is a prescribed industrial disease, it is classified as PD C.23

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Making a personal injury claim

If you or a family member are suffering from bladder cancer caused by exposure to chemicals, you may be able to claim damages against the person or company that exposed you. If you were exposed at work the Control of Substances Hazardous to Health Regulations 1988 (COSHH) will apply.

Anyone who has been exposed to an irritant or a hazardous substance and suspects that this may have caused a personal injury or disease, should seek medical advice immediately. Medical evidence is required in every personal injury case. In disease cases, specialist expert evidence is often needed show that the condition suffered was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

If a family member has died from bladder cancer where exposure to chemicals has occurred, it may still be possible to make a claim posthumously.

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Bladder cancer compensation

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

Whereas the first element of compensation, the general damages, cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses (known as special damages), aims to put you back in a position financially as if the bladder cancer had never developed. It is important to keep receipts for any expenditure you have related to your illness so that these can be reclaimed.

In serious cases, where a person is no longer able to, say, continue their employment, the loss of wages can be claimed. Even if they can work, if they cannot do so in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of 'congenial employment'. Costs for care, equipment, transport and housing modifications can also be claimed if they are related to the illness. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses. In addition sums for the loss of income and contribution to the household in the form of future losses can be claimed.

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Specialist claim advice

At The Legal Line, our lawyers are specialised in all areas of personal injury, including claims for industrial diseases and illnesses caused by exposure to hazardous chemicals.

They are experienced in recovering compensation for the victims of bladder cancer and can provide sympathetic, expert advice and assistance in pursuing your case.

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