Industrial Injury and Disease Claims
We specialise in helping victims of industrial injury and disease claim the compensation they deserve.
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Industrial injury compensation claims are among the most common in the UK, contributing significantly to the total number of accident and illness cases every year. Your employer has a duty of care to ensure your working environment is safe. As such, if you have suffered an industrial injury due to poor working conditions, contact The Compensation Experts today and our experienced panel of solicitors have years of experience in industrial disease compensation claims.
What is an industrial disease claim?
Industrial injury and disease claims help when a person develops a health condition because of negligence in the workplace. If your employer fails to provide a duty of care, such as proper training, suitable personal protective equipment, or best working practices, and you suffer an accident or illness as a direct result, you could make a claim.
Types of industrial disease claims
There are a range of conditions that qualify for industrial injury compensation claims. Some of the most common industrial accident or disease cases include:
Despite posing various health risks, asbestos used to be a common building material and workers were exposed to unacceptable levels of risk, without employers informing them of the dangers, or giving them the right protection. Asbestosis and Asbestos Mesothelioma are potentially fatal conditions:
- Asbestosis causes long term scarring and inflammation in the lungs. This can result in lung cancer and heart disease.
- A type of cancer that affects the lining of the lungs, asbestos mesothelioma occurs from breathing in asbestos fibres.
If you are diagnosed with either condition, you may be able to make a claim for industrial accident compensation, even decades after you came into contact with asbestos. You may also be able to make a claim if you are the next of kin of someone who has died from either condition.
Get in touch today to make a claim, if you have been diagnosed with an asbestos-related industrial accident or disease within the last three years, or if you are claiming on behalf of somebody who has passed away from one.
Vibration White Finger (VWF), also known as Hand-Arm Vibration Syndrome (HAVS), is an industrial injury that impacts thousands of workers in the UK, affecting circulation, blood vessels, muscles, nerves, and joints of the hand, wrist and arm.
Using vibrating hand-held machinery and tools continuously can cause this condition, and symptoms include:
- Whiteness or numbness in the finger(s)
- Complete loss of feeling in the finger(s)
Additionally, the cold can make the symptoms worse. If you have used vibrating tools or machinery and noticed these symptoms in the last three years, contact us to discuss a potential industrial injury compensation claim.
Carpal tunnel syndrome impacts your wrists and hands, and causes weakness, numbness and tingling. This occurs because of compression of the nerve that travels through the wrist.
Workers most likely to have carpal tunnel syndrome are those who do heavy lifting and repetitive movements over a long period (for at least five years). Because vibration tools can cause it, carpal tunnel syndrome is also linked to vibration white finger. It is your employer’s responsibility to reduce your risk of developing this condition, so, if they fail to take action, you may be able to claim industrial injuries compensation.
Exposure to chemicals can cause the skin to become itchy and inflamed; this is known as industrial dermatitis. Contact with hazardous chemicals or a sensitive reaction can damage skin, and anyone who has regular contact with harsh chemicals such as chlorine is at risk of developing the condition. Symptoms include:
- Itching and inflammation
- Flaky or dry skin
- A stinging or burning sensation
Dermatitis can usually be treated relatively easily. However, when it is not, you may be able to make an industrial injury claim.
Asthma is not only a condition that affects children, but adults too. This is often due to poor working conditions. We have experience in helping those who have been diagnosed with asthma due to contaminated air at work, dust, dangerous fumes or gas. Symptoms of asthma include:
- Shortness of breath
- The feeling that your chest is being squeezed
- Asthma attacks
Asthma UK states that up to 15% of asthma in adults is due to work, commonly affecting people whose job is orientated around baking, woodwork, metal work, or animals.
The cause of a Repetitive Strain Injury (RSI) is repeating the same motion over a long period, affecting those who use keyboards and computers as well as those who work in production. RSI typically impacts the upper body and can cause pain in the neck, shoulders, arms, wrists, and hands.
Examples of RSI include carpal tunnel syndrome, tendonitis and bursitis. It can also cause pain but no visible symptoms, and can have a debilitating effect. Where you can prove the cause of it is employer negligence, you may be able to claim.
Work-related hearing loss is most common in people who work in industrial jobs, but can also affect people who work in call centres and agriculture. Whatever the industry, employers should ensure staff who work in a noisy environment have access to adequate ear protection, following The Control of Noise at Work Regulations 2005. If regulations are ignored, you may be able to make an industrial injury claim.
Can I make an industrial accident claim?
You may be able to claim industrial injuries compensation, if you have a health condition due to the negligence of your employer. This could be anything from inadequate training to failure to provide PPE.
To find out if you are able to claim for an industrial injury at work, contact us and a member of our team will discuss the details of your case with you.
What is the time limit to make an industrial disease claim?
Whilst you usually have three years after an injury to make your case, industrial injury claims are slightly different. This is because it can take longer than three years for conditions to develop. You can therefore make industrial injury claims decades after your exposure to dangerous conditions.
However, you must make a claim within three years of your diagnosis. In certain cases, this may be extended, but this will be up to the courts.
Can I get early compensation payments?
It is possible to get interim payments before your claim is entirely settled. However, everything must be agreed upon by the company your case is against, which relies on your (previous) employer admitting liability for your industrial injury or illness.
Can I still claim if the company goes out of business?
All companies should have employer’s liability insurance, which applies even if a business ceases trading. This protects your industrial accident claim in the event of your employer folding or going bankrupt. This doesn’t impact your time limit to make a case, either, and you’ll still have three years to raise your claim for the compensation you deserve
Claiming for an industrial disease
The laws around health and safety in the workplace are very clear, and it is against the law for your employer to ignore them. An employer not knowing their obligations isn’t considered a reasonable excuse.
Get in touch today if you believe your industrial disease or injury was avoidable. We can talk to you in detail about your particular case, and we will let you know if you may be able to claim.
You have to prove the cause of your injury was another person’s fault. We will help you do this by looking at the details of your injury and working environment, getting medical and industry expert reports, and contacting witnesses to help support your claim. We will use this to show your physical, emotional and financial suffering.
However, often, the damage does not show until years after you suffer an injury. For example, someone who develops industrial deafness or Asbestosis. At The Compensation Experts, we work with lawyers who have years of experience in claiming industrial injury compensation, so, after your initial consultation with our advisors, we will match you with the lawyer who best suits your claim.
Will I lose my job if I claim against my employer?
Once your industrial accident investigation is complete, your employer’s insurance company will either offer compensation or deny liability. Your solicitor will advise you if an offer is good and, if you choose not to accept it, to negotiate with the insurance for compensation.
Many claimants are hesitant about making an industrial injury claim, in case their boss fires them in retaliation. But you’re protected by the law. There are legal safeguards in place to protect workers from unfair dismissal, meaning your employer would need to offer reasonable justification for letting you go.
How much compensation could I get for an industrial injury claim?
Industry injury compensation includes general and special damages:
- General damages are the physical or psychological trauma you suffer. This includes your prognosis for recovery. General damages can also include loss of earnings.
- Special damages are any financial expense your injury causes. This includes paying for prescriptions, private medical care, and any nursing or care you may need. Special damages may include a prediction of lost earnings if your injury means you can’t continue working in the same role.
You must provide proof of all of these things so make sure you keep every receipt. If you are not sure if an expense comes under special damages, ask your industrial injury lawyer.
With the right legal support, most industrial injury compensation claims don’t go to court, which saves both time and money. Buti if the other party refuses liability or you can’t agree on an amount, the solicitors we work with may recommend you submit your claim to court.
You must do this within three years of the date of your injury, or when you linked your symptoms to your job. Negotiations will continue even when you have a court date. It is common for the parties to settle just hours before an industrial accident claim goes to court.
Things to consider when claiming industrial injury compensation
Making a claim is not a simple process. However, you can make it easier if you remember the following points:
- Every employer should have a process for reporting accidents. Report your condition as soon as possible and request a copy for your records.
- Write down as much as you can about the environment that caused your injury.
- Keep all your receipts, payslips, and details of any money you have to spend for anything related to your injury, as reasonable expenses can be included in your compensation.
Your industrial injury lawyer can advise you if an amount is fair or not, but only you can decide whether to accept it. Be aware that doing so is final, and if your injury ends up worse than you initially thought, you can’t make a second claim.
How we can help
By contacting The Compensation Experts team, you can talk to an experienced agent before deciding whether or not to proceed with your industrial injury claim. We offer a free, no-obligation conversation to answer any initial questions you have about the process. During this conversation, we can give you the information you need to make an informed choice about if and how to proceed.
At The Compensation Experts, we believe that professional legal representation should be available to everyone. That is why we offer a No Win No Fee* agreement (*Conditions may apply) to minimise any financial risk associated with making a claim.
Whatever you decide, The Compensation Experts will do our best to help, so you can move on from your accident.
Contact us today and see how we can help you start your compensation claim.
Am I eligible?
If you have suffered an industrial accident, or developed symptoms within the last three years, due to someone else’s negligence, you may be able to claim compensation.
Exceptions to this include if you were a child at the time of the accident, in which case you may have a longer period to claim.Find out more
How much could I claim?
As every injury is different, your industrial accident claim for compensation will vary depending on the extent of your injuries, loss of earnings, and future losses.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.Find out more
How does the process work?
When making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence, before notifying the negligent party that you wish to begin industrial accident claim proceedings. With your solicitor negotiating on your behalf, you will be kept up to date every step of the way.Find out more