Industrial Illness / Disease Compensation Claims

Your employer has a duty of care to ensure that your health and safety is protected and that risk assessments are carried out to prevent illnesses from developing. The last thing most people expect is to suffer disease as a result of their work. However, unfortunately, best practices are not always followed and employees can pay the price.

If you have been unfortunate enough to develop an occupational illness, you may have a claim for compensation, even if you no longer work for the employer in question. Industrial disease claims can be complex though, so for the best chance of getting the compensation you deserve, you should enlist the help of a specialist solicitor.

Start your claim by comparing industrial disease solicitors today.

In What Circumstances Can I Make A Claim For Industrial Disease?

If you’ve developed an industrial disease or illness due to a workplace activity, you may be able to make a claim for insurance. This compensation will help to cover the costs that industrial illnesses can incur, for example expensive medical treatment, the cost of travelling to appointments or paying for your home to be adapted.

Sadly, in some cases, illnesses caused by unsafe working conditions or practices can ultimately lead to death. In these situations, compensation can be vital for covering funeral costs and helping to take care of the deceased person’s family.

Industrial disease refers to a chronic illness that occurs as a result of workplace activity. These types of ailments often develop following exposure to a toxin during the course of employment. They can range from mild to severe and can often affect both physical and mental health. No matter how mild or easily-treatable your condition is, it should be taken seriously by your employer.

There are many types of industrial disease, all of which you can claim compensation for.  Examples of these include:

• Skin diseases ranging from dermatitis to cancer can be caused by exposure to irritants and fumes, as well as chemical poisoning
• Asbestos-related diseases such as asbestosis, mesothelioma, pleural plaques and lung cancer can be caused by exposure to silicate minerals of microscopic fibres, known as asbestos
• Vibration injuries such as hand arm vibration syndrome (HAVS) caused by regularly using handheld or hand-guided machinery and power tools
• Industrial hearing loss or deafness and hearing conditions such as tinnitus can be caused by exposure to excessive noise
• Respiratory and lung diseases such as pneumoconiosis (caused by inhaling coal dust), silicosis (caused by breathing in dust in mines and foundries), byssinosis (caused by inhaling hemp, flax and cotton particles), hypersensitivity pneumonitis (caused by breathing in substances such as bacteria, fungus spores and animal or plant proteins) and work-related asthma (caused by inhaling dust, fumes, gases and vapours)
• Latex allergy as a result of regular use of items that contain latex, such as gloves, tyres, catheters and some foams
• Psychiatric disorders such as post traumatic stress disorder (PTSD) caused by experiencing or witnessing traumatic events.

It’s important to note that this list is not exhaustive. There are many other illnesses and accidents that can occur because an employer fails to take appropriate measures to protect employees’ health and safety. If you have experienced any illness or accident in the workplace, it is worth making a claim.

The time it takes for a claim to be complete and compensation to be paid varies from case to case. If the claim is relatively straightforward, it could take months. However, industrial disease claims are usually fairly complicated and therefore take years to be resolved.

How Do I Make An Industrial Disease Compensation Claim?

If you want to make a claim for industrial disease compensation, the first thing you need to do is make a statement to your solicitor. This statement should include details of your medical diagnosis, the symptoms you experience and how it affects your day-to-day life. You also need to outline your work history and how your illness or disease developed.

Your solicitor will then send a letter to the company responsible for your illness, which is known as a ‘letter of claim’. If the company is no longer in business, your solicitor will do research to find who the employer’s insurer was and send the letter there.

To give yourself the best chance of making a successful claim, it’s important to keep a record of your symptoms, medical appointments, travel expenses, any other costs you incur and any earnings you lose as a result of your ill health. The more evidence you have, the stronger your case will be. Evidence could include:

• Medical records
• Workplace incident reports
• Photographs or CCTV footage
• Witness statements
• Exposure assessments
• Workplace safety policies and procedures

If you have any questions about the process or would like some information specific to your circumstances, don’t hesitate to get in touch with us.

Fees And Compensation

If you’re thinking about making an industrial disease claim, you don’t need to worry about losing money by doing it. Many solicitors offer a ‘no win, no fee’ agreement. This means that if your claim is unsuccessful, you don’t pay anything. If it is successful, you pay what is known as a ‘success fee’. This is a set percentage of your compensation amount and can be anything up to 25% but legally can’t be more than that.

The amount of industrial disease compensation you are entitled to will depend on the disease in question and its severity. Other factors, such as current and future loss of earnings, medical and travel expenses, your care needs, any home modifications or mobility aids you may require and your physical and psychological pain and suffering, will also be taken into account.

In your industrial disease claim, you may file for general damages to compensate for your medical bills, your pain and suffering and any sports or hobbies you can no longer do. Special damages, meanwhile, can be awarded to cover travel expenses to medical appointments, the cost of prescriptions, nursing homes, rehabilitation centres or anything else that is considered medically necessary.

How Long Do I Have To Make An Industrial Disease Compensation Claim?

In most circumstances, you need to make a claim within three years of becoming aware that there may be a link between your illness and your work. In cases which have resulted in a fatality, the deceased’s family needs to make a claim within three years of their loved one dying or within three years of the date they get the post-mortem results.