How to Claim Compensation for an Industrial Disease

Author:
Paul Currie
Partner, Personal Injury Solicitor
Date:
06/08/2019

You may be entitled to compensation if you believe you have an injury or illness that’s been caused by your workplace conditions, either recently or many years ago. But before seeking legal advice, it’s best to see your GP first to discuss your symptoms.

Ask your doctor whether it’s likely that the working conditions you’ve been exposed to may be the cause of your symptoms, and take a note of any treatment you are given or recommendations the doctor makes. It may also be the case that your GP refers you to a specialist at hospital, and again, you should record details of what advice and treatment you receive.

Once you’ve sought medical advice, you should then contact our Industrial Disease Solicitors for free legal advice. Our friendly and approachable team of Solicitors have considerable experience of claiming compensation for people who have developed industrial diseases, even if they worked for the employer responsible many years ago or the company they worked for is no longer trading. So contact us so we can assess whether or not you have a viable claim.

For initial free legal advice get in touch with our Industrial Disease Solicitors – ask if we can deal with your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Making an Industrial Disease Claim

An industrial disease is usually described as an illness or injury caused by working conditions, usually over a long period of time. Typical examples include:

      • Mesothelioma
      • Asbestosis
      • Asbestos-related Lung Cancer
      • Work-related Asthma
      • Dermatitis
      • Hand Arm Vibration Syndrome / Vibration White Finger
      • Noise-induced Hearing Loss / Deafness and Tinnitus
      • Silicosis
      • Tennis elbow

If we can take on your claim, an Industrial Disease Solicitor will work to obtain evidence relevant to your case, identify insurers for companies or organisations you have worked for and put details of the claim to them. You’ll likely need to see a medical consultant who will examine you and prepare a report addressed to Court setting out the nature of your condition and whether it has been caused by your working conditions.

Our Industrial Disease Solicitors understand that being diagnosed with an industrial disease can be very difficult, so we’ll explain the claims process and steps involved in a straightforward, open and friendly way; without legal jargon.

What to Do If You’re Still Working

If you believe your industrial disease has come about as a result of your current job, it’s important to report your symptoms to your employer, and, if they have one, their occupational health department.

It may be the case that appropriate treatment or tests could be arranged or risk assessments conducted to prevent the situation getting any worse. Keep a record of your reports to your employer.

Time Limits on Claiming Compensation

In England and Wales there are time limits for making an Industrial Disease Claim. You have 3 years from the date you became aware of a health problem, and made a connection between that and your work, in which to claim compensation.

So if, for instance, you’ve been aware of a health problem for a long time but only realised it was work-related in the last 3 years, then you may still be able to make a claim.

The nature of many industrial diseases, such as mesothelioma, noise-induced hearing loss and asbestosis, means it can take many years for symptoms to become apparent, or for people to realise a link with their previous employment. Thankfully, the law recognises that people couldn’t reasonably be expected to claim for an industrial disease which they didn’t yet know they had.

Many of our clients mistakenly assume that because their exposure to a workplace hazard happened so long ago that they must be too late to make a claim. However, our Solicitors have many years’ experience of securing compensation for clients with work-related conditions, even if the exposure occurred a long time ago and the company responsible no longer exists.

For free legal advice call our Industrial Disease Solicitors

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