Industrial Disease Claims
We specialise in helping victims of industrial diseases claim the compensation they deserve.
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Industrial injuries are one of the most common claim types in the UK. They contribute significantly to the total number of claims every year. Your employer has a duty of care to ensure your working environment is safe. If you have suffered an industrial injury due to poor working conditions, contact The Compensation Experts. Our panel of solicitors have years of experience in industrial disease compensation claims.
What is an Industrial Disease Claim?
Industrial disease claims help when a person develops a health condition because of negligence in the workplace. Your employer has a duty of care to provide a safe working environment. If they fail to do this, you may be able to make an industrial disease claim. Industrial diseases can develop due to improper training, lack of PPE or failure to follow best working practices.
Types of Industrial Disease Claims
There are a range of conditions that qualify for industrial disease and industrial injury compensation claims. Some of the most common industrial disease cases we handle include:
We now know about the health risks that are associated with asbestos, but it used to be a common building material. 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. Asbestos Mesothelioma occurs from breathing in asbestos fibres. It is a type of cancer that affects the lining of the lungs.
If you are diagnosed with either condition, you may be able to make an industrial disease claim. You may also be able to make a claim if you are the next of kin of someone who has died from either condition. You can also make a claim decades after the contact with asbestos.
Get in touch with us to make a claim if you have been diagnosed with an asbestos-related disease within the last 3 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 injury that affects thousands of workers in the UK. It affects 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. Symptoms of VWF include tingling, whiteness or numbness in the fingers. People with VWF may also lose feeling in their whole finger. The cold can make the symptoms worse.
If you have used vibrating tools or machinery and noticed these symptoms in the last 3 years, contact us to discuss a potential industrial injury compensation claim.
Carpal tunnel syndrome impacts your wrists and hands. It 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 for at least 5 years. Because vibration tools can cause it, it is also linked to HAVS. It is your employer’s responsibility to reduce your risk of developing this condition. If they fail to take action, you may be able to claim industrial injury 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. Anyone who has regular contact with harsh chemicals such as chlorine is at risk of developing the condition.
Symptoms include itching and inflammation, swelling, blisters, flaky or dry skin, and a stinging or burning sensation. It can usually be treated relatively easily. However, when it is not, you may be able to make a claim.
Asthma is not only a condition that affects children. Adults may also develop asthma. 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. Causes of contamination include dust, dangerous fumes or gas.
- 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. It commonly affects bakers and cabinet makers. They work in areas where there is a lot of flour or wood dust in the air. It can also affect those who work with animals or agriculture, hairdressers, and people who work with metals.
The cause of Repetitive Strain Injury (RSI) is repeating the same motion over a long period. It can happen to those who use keyboards and computers and those who work in production. RSI typically affects 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. RSI can have a debilitating effect. And 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. It can also affect people who work in call centres and agriculture. Employers should ensure staff who work in a noisy environment have access to adequate ear protection. They must follow The Control of Noise at Work Regulations 2005. By ignoring regulations they may be to blame, so you may be able to make an industrial disease claim.
Prolonged exposure to noises over 80 decibels or a single exposure to a sudden loud noise (over 118 decibels) can cause the condition. The latter is also known as acoustic shock or trauma. It is common in call centre staff who do not have a noise limiting headset.
Can I Make an Industrial Disease Claim?
You may be able to make an industrial disease claim if you have a health condition or injury 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, contact us. A member of our team will discuss the details of your case with you and see if you can make a claim.
What is the Time Limit to Make an Industrial Disease Claim?
Whilst you usually have 3 years after an injury to claim, industrial disease claims are slightly different. This is because it can take longer than 3 years for conditions to develop. You can therefore make industrial disease and injury claims decades after your exposure to dangerous conditions. But you must make a claim within 3 years of your diagnosis. In certain cases, this may be extended. This will be up to the courts.
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 not follow them. Not knowing their obligations is no excuse.
Often, the damage does not show until years after. For example, someone who develops industrial deafness or Asbestosis. At The Compensation Experts, we work with lawyers who have years of experience in industrial disease and industrial injury compensation claims. After your initial consultation with our advisors, if you are able to claim, we will match you with the lawyer who best suits your claim.
Nearly 40,000 accidents in the construction and manufacturing industries are reported to the HSE every year. We can help you claim if you can prove your employer was negligent.
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 offer free no-obligation advice. 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.
Once the 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.
How Much Compensation Could I Get for an Industrial Disease Claim?
Compensation includes general and special damages. General damages are the physical or psychological trauma you suffer. This includes your prognosis for recovery. 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. 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 lawyer.
General damages can also include loss of earnings. Special damages may include a prediction of lost earnings if your injury means you can’t continue working in the same role.
With the right legal support, most industrial compensation claims don’t go to court. This saves both time and money. If the other party refuses liability or you can’t agree on an amount, we 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 hours before a claim goes to court.
Things to Consider When Claiming Industrial Injury Compensation
Making a claim is not a simple process, though 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 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. 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 advisor before deciding whether or not to proceed with your industrial disease claim. We offer a free, no-obligation consultation to answer any initial questions you have about the claims process. 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. Please see details at the bottom of the page) 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 been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this include industrial disease or if you were a child at the time of the accident. In this case you may have a longer period to claim.Find out more
How much could I claim?
As every injury is different, the amount of compensation paid out can also differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.
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?
We understand that 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. They will then notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.Find out more