How to Claim for Industrial Disease if the Company No Longer Exists

Author:
Deborah Krelle
Partner, Head of Industrial Disease
Date:
21/08/2019

The symptoms of industrial diseases can sometimes take years to fully develop, by which point your former employer may have ceased trading. A common misconception is that claims cannot be made by this point, but this is not the case.

For this reason, many people don’t make a claim, but even if the employer has ceased trading, you can still make an industrial disease claim for compensation.

For 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.

Employers Insurance Policies

For many years it has been a requirement for employers to hold insurance policies to cover them in case an employee is injured whilst at work. These include injury from industrial disease. It’s from these insurance policies that compensation is paid and these remain valid even if the company is no longer trading.

As Solicitors specialising in industrial disease claims, we have access to databases that provide us with the details of insurance policies which cover UK companies as far back as the 1950s. We can then pursue the claim on your behalf by corresponding with the insurance company directly.

It’s rare that we cannot find an insurer to cover at least part of an industrial disease claim, if not all of it.

However, in those instances, where no insurance policy can be traced, we may be able to help you by pursuing a claim under a UK government scheme.

What Can I Claim Compensation For?

The knock-on effects of an industrial disease may occur long after your employment, and your life may be adversely affected by these.

As part of your industrial disease compensation you can claim for:

      • Pain and suffering due to a trauma
      • Care and assistance expense
      • Loss of income
      • Future financial loss
      • Travel expenses
      • Nursing expenses
      • Legal costs

How Long Do I have to Make a Claim?

Once you become aware that the industrial disease condition could be work related, then you have 3 years from diagnosis to make a claim. Symptoms can be hard to spot, and it’s common for people to be completely unaware that these symptoms are work related.
If you’re concerned that your life is being affected by an industrial disease, get in touch with our Industrial Disease Solicitors.

We can assess your case, offer you the most practical legal advice and give you a clear picture of your chances of being awarded compensation.

For free legal advice call our Industrial Disease Solicitors

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