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Industrial Disease Claims
Despite the UK industrial landscape historically undergoing change over the years former and even present employees continue to suffer illness as a result of direct, or even indirect, exposure to hazardous substances in the workplace.
If your health has been affected by your work then you may be entitled to pursue an industrial disease claim. Employers have a legal responsibility to protect the health and safety of their employees, and should take the appropriate measures to reduce health risks at work.
True Solicitors specialise in personal injury claims and our industrial disease solicitors have over 20 years’ experience representing injured workers.
We operate on a No Win, No Fee basis, meaning that there are no upfront costs to you. We offer a free initial, no obligation assessment of your case.
Call us on 0344 854 7000 to discuss your claim, or submit your details below and we’ll call you back at a time convenient for you.
What is an industrial disease?
The term industrial disease is fairly misleading because it is used to describe any work-related injury or illness that was not caused by an accident. It can include:
Asbestos-related illness: This includes lung and respiratory conditions caused by the exposure to asbestos fibres, including asbestosis, mesothelioma, asbestos-related lung cancer and pleural thickening.
Skin conditions/occupational dermatitis: Working with harsh chemicals can cause conditions such as dermatitis and psoriasis. Jobs that involve working outside in the sun for long periods of time can increase the likelihood of skin cancer.
Hand-Arm Vibration Syndrome (HAVS): This includes issues to the hands, arms, wrists and fingers commonly caused by using vibrating hand tools. Conditions include Vibration White Finger (VWF) and Carpal Tunnel Syndrome (CTS).
Repetitive Strain Injury (RSI): This term encompasses a number of different conditions caused by completing tasks with continuous repetitive movements. It causes pain in the muscles, nerves and tendons and includes problems such as Tendonitis, Carpal Tunnel Syndrome and Tenosynovitis.
Who is eligible to make an industrial disease claim?
Anyone who has developed an industrial disease due to hazardous chemicals and materials in the workplace could be eligible to make a claim.
If a family member developed an industrial disease through handling contaminated work clothing, for example clothing that may be covered in asbestos fibers, they may also be able to make an industrial disease claim.
People working in the following professions are most at risk of developing an industrial disease:
- Construction workers
- Aluminium workers
- Shipyard workers
- Steel workers
- Agricultural workers
What can I claim compensation for?
The compensation obtained for the industrial disease that you have contracted can be used to cover the costs such as:
• Loss of earnings
• Pain and suffering.
• Medical expenses such as, prescription charges, painkillers and rehabilitation.
• Compensation for the care and support provided by family or friends.
• Reduced life expectancy.
• Ongoing illness.
• Recovery time.
• Expected lifestyle changes.
How much will my industrial disease claim be worth?
The amount of compensation that you may receive is dependent upon the individual circumstances of your case. The amount will depend on factors such as:
• The severity of your further health complications.
• How your life has been affected by your illness.
• Your future care and support needs.
• Financial losses, including how much money you have lost or will lose as a result of the industrial disease (e.g. loss of earnings, travel expenses).
Calculate the amount of compensation that you may receive for your physical injuries below:
Is there a time limit for making an industrial disease claim?
You have up to three years from the date in which the incident caused your illness or injury to make a claim. It is also possible to make a claim if the exposure that caused the industrial disease occurred longer than three years ago, as long as you became aware of this or were diagnosed within the last three years.
All of our industrial disease claims are dealt with on a No Win, No Fee basis, and we offer a free, initial, no obligation assessment of your case.
Do I need to use an industrial disease solicitor?
Industrial disease solicitors are experienced and well versed in the laws surrounding industrial disease compensation claims. Instructing a specialist industrial disease lawyer will give you the best chance of winning your claim and obtaining maximum compensation.
Will I need to pay to make an industrial disease claim?
True Solicitors will handle your claim on a No Win, No Fee basis, meaning you only pay if we’re successful in winning your case.
We offer a free, no-obligation assessment of your case and will only take on your case if we believe that it has a good chance of being successful.
If we win your claim we will charge you what is known as a ‘success fee’, this is typically 25% of the compensation settlement.
Can I make a claim even if the company I worked for has ceased trading?
You are able to make a claim even if the company that you worked for, at the time of developing your industrial disease, has ceased trading. This is because your existing employer would have had insurance in place to cover claims of this nature. It is therefore still the insurer’s responsibility to pay-out on compensation claims.
How do I make an industrial disease claim?
Starting the claims process is really simple. Call us on 0344 854 7000 or submit an online enquiry form and we will call you back at a time that is suitable for you.
Our friendly first response team will ask you a series of questions over the phone to establish the exact circumstances of your case. The details of this conversation will be sent to one of our specialist industrial disease solicitors who will determine if you have a valid case.
If you choose to instruct us as your solicitor we will:
- Start investigations: This will include obtaining medical reports, witness statements and other evidence that will help to prove that your industrial disease was caused due to the negligence of your employer.
- Independent medical assessment: We will arrange for you to attend an independent medical assessment. They will produce a report that will outline the extent of your injury or illness. They will also advise if any rehabilitation or treatment is required to help you manage your pain and symptoms.
- Arrange rehabilitation: If the findings of the medical report show that rehabilitation is recommended, we will arrange for you to see a specialist close to where you live.
- Quantify claim: We will work out an appropriate compensation settlement amount, based on the evidence and how your life has been effected by your illness or injury. We will then put this to the employer and their insurers to accept liability. If the third party don’t accept liability then negotiations will begin.
True Client Stories
“We obtained over £180,000 for a client making a claim on behalf of a deceased relative who contracted Mesothelioma, due to prolonged exposure to asbestos dust and fibres, whilst working in the shipyards for many years.”
“We obtained over £16,000 for a client who developed Occupational Asthma, after being exposed to significant quantities of plastic dust and fibres, whilst working as a Grinding Machine Operative.”
Submit Your claim – we will establish who was at fault and submit a claim on your behalf.
Gather the Evidence and Arrange Treatment – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and if appropriate arrange treatment to assist with your recovery.
Win Your Claim – we will fight hard on your behalf to recover maximum compensation in the shortest time.
How long will my claim take?
The length of industrial disease claims depend on whether the other party admits fault, the severity of the injury or condition and the extent of the claim for losses and expenses. Straightforward industrial disease claims may settle within six to twelve months, whereas complex cases will usually take longer, perhaps a number of years.