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Can I claim further compensation if my condition deteriorates after I accept my compensation award?
I have been offered a compensation settlement against my employer for industrial asthma but my doctor has warned that my condition may deteriorate further over time. Am I able to reserve my position and go back to claim further compensation in future if my condition deteriorates as expected?
Your solicitor should have advised you that if there is a possibility that your condition may deteriorate in future or an injury may lead the development of further disease, the court may award 'provisional damages' on the basis of the claimant's present condition, but give leave to apply to the court for further damages should a deterioration occur.
In such cases, a judge will usually specify (or the parties agree) the diseases or deterioration concerned and the period of time within which a further application can be made.
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