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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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In 2014 i was diagnosed with non-hodgkins large cell

Customer Question

In 2014 i was diagnosed with non-hodgkins large b cell lymphoma. Still not fully recovered due to aches and pains, tired due to medicationa and still have brain fog. My employer has paid me sick pay for two years and are now suggesting i get on medical seperation whether i have access to my pension or not. I was notified by a friend that the cancer i had was probably caused by a class 2a carcinogen from work (shift work, engine block dust, vapour, chemicals etc). The union i am with at work even produced a three page leaflet on this class 2a carcinogen but nothing was ever said to me. As they are admitting this in writing, what could the outcome be and how could i go about this?
JA: Thanks. Can you give me any more details about your issue?
Customer: That's it really apart from the medical seperation may be between £7000 and £30000 for 9.5 years service.
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Submitted: 1 year ago.
Category: UK Employment Law
Expert:  michael holly replied 1 year ago.

Thank you for your question.

Employers owe employees 2 types of duty

The first is easy to explain it is a duty imposed by an Act of Parliament the Health and Safety at Work Act which obliges employers to provide a safe working environment.

The second is something called a "duty of care" and is something that has arisen from the decisions taken by judges in court over the years. It is called a " common law duty".

As such you have a potential claim against your employer. I say potential because medical negligence claims depend on a number of complex factors , such as has it been established that this product causes harm , can we establish regular contact , can we establish that this substance caused this harm.

However you should pursue this. You need to find personal injury lawyers in your area who deal with medical negligence claims and advertise a free first interview and that they undertake personal injury work on a no win , no fee basis. Your local free paper is a good place to start.

I hope this helps. If there are any further questions please respond and I will be happy to reply

Best wishes