Partner, Head of Industrial Disease
No, an employer (in England or Wales) can’t sack you for making an industrial disease claim. If you’ve been diagnosed with an industrial disease such as work related asthma or Hand Arm Vibration Syndrome, and believe your employer didn’t do enough to keep you safe, then you have the right to claim compensation.
We understand you may be reluctant to claim against your employer because you’re worried about losing your job or being treated differently at work, but the law is on your side and employers aren’t allowed put you at any disadvantage because you’re taking legal action against them.
If this does happen, we can refer you to our expert team of Employment Law Solicitors for specialist legal advice on claiming for unfair or constructive dismissal.
Your employer should also have Employers’ Liability Insurance in place, so any compensation you may be awarded will be paid out from this policy, rather than out of the company’s bank account.
If you have any questions about making an industrial disease claim, get in touch with our specialist Industrial Disease Solicitors for a free claims assessment and we’ll be happy to speak with you. Ask us if we can help you on a No Win, No Fee basis.
We're rated‘Excellent’If your employer terminates your employment because you’re making an industrial disease claim, that’s against the law and would be considered unfair dismissal. So if this happened to you while we’re handling your claim, we’d refer you to our expert Employment Law Solicitors for further advice.
Or it may be that your employer treats you differently because you’re taking legal action. For instance, you could be being bullied at work or demoted and forced to take a lower salary, in which case your working life might be so difficult that you feel you’ve got no option but to leave. This would be classed as constructive dismissal, and again our specialist Employment Law Solicitors can advise you on what to do next.
If you’ve been diagnosed with an industrial disease, it’s important that you get any treatment, care and support that you need, both now and in the future.
If you’re claiming against your current employer, rather than for something that happened many years ago, it’s also an important way of highlighting dangerous working practices that may still be in place.
That means taking legal action could encourage your employer to improve workplace safety and make sure that none of your colleagues are put at risk in the future.
Our Industrial Disease Solicitors have a strong track record of helping people like you get much-needed support, so they can move on with their lives and live with their condition. So give us a call and we can discuss how we could help you and if you have a good chance of successfully claiming compensation.
Your employer should have Employers’ Liability Insurance in place, which covers them if anyone makes a personal injury claim against them.
So if you’re worried that your industrial disease claim risks putting the company in financial trouble, then you don’t need to. Your Industrial Disease Solicitor will often deal with the insurance company rather than directly with your employer when we’re negotiating a final settlement.
In many successful Hand Arm Vibration Syndrome (HAVS) claims, there are lots of common features. Employers perhaps didn’t put safety measures in place to protect staff who regularly use vibrating equipment, provide adequate training or act on concerns that employees had raised.
Many people with an industrial disease, such as asbestosis or work-related asthma, may question why they should make a claim for compensation, particularly if their condition is irreversible.
Hearing loss or deafness can be caused by exposure to high levels of noise at work. People who have worked in certain industries or environments may have been exposed to loud noises day after day and suffered irreversible hearing damage as a result. This is known as Noise Induced Hearing Loss (NIHL).
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