When to Make an Industrial Disease Claim

Author:
Deborah Krelle
Partner, Head of Industrial Disease
Date:
27/08/2019

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. However, claiming damages isn’t just about financial gain for its own sake. Instead, compensation can help improve your quality of life and ensure employers can be held to account.

Our Industrial Disease Solicitors have helped many clients who were exposed to a hazard at work many years ago and assumed they had waited too long to make a claim.

However, we have a strong track record of obtaining compensation for industrial disease patients, even if the exposure occurred a long time ago and the company they worked for is no longer trading.

For more information on claiming for a disease or illness that’s linked to your work, get in touch with our Industrial Disease Solicitors for free legal advice. 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.

Employer Responsibilities

The Health and Safety at Work Act says your employer must take reasonable steps to protect you from any potential hazards in the workplace. This could include:

      • Carrying out initial risk assessments and regular checks thereafter
      • Adopting safe working practices, such as ensuring employees are not exposed to a particular hazard or risk for too long
      • Ensuring employees are sufficiently trained in their roles to avoid harming themselves and colleagues
      • Training members of staff on how to manage potential risks
      • Equipping staff with personal protective equipment and clothing

If a company falls short of these obligations and you’ve developed a work-related illness as a result, it’s right that you should be compensated as much as possible.

The possibility an employer could face legal action for Health and Safety (HSE) failings can also encourage them to take their responsibilities seriously and ensure tighter procedures are implemented and enforced. This could help to prevent other people developing an industrial disease in the future, and allow people to feel confident they work in a safe environment.

What Can I Get Compensation For?

An industrial disease compensation settlement will reflect:

        • The severity of your condition
        • The pain and suffering you’ve experienced and will continue to face in the future
        • Current and future loss of earnings
        • Medical expenses
        • Out of pocket expenses

A compensation package will also be designed to cover the cost of:

          • Home adaptations
          • Rehabilitation support
          • Equipment such as mobility aids

After taking on your case, we’ll work with an independent medical expert to assess your condition, so we can calculate how much compensation you’re entitled to, and what medical treatment and rehabilitation support you need.

While industrial disease compensation cannot take away your condition, it can help you manage it and access the best care and support that’s available.

Time Limit on Making an Industrial Disease Claim

In England and Wales, you generally have 3 years in which to claim for a personal injury. However, the situation with industrial diseases is slightly different, as any health problems caused by exposure to asbestos, chemicals, loud noises or other workplace hazards may not become apparent for many years, even decades.

The law therefore allows you to claim within 3 years of when you became aware of an injury, illness or disease that is connected to your work.

For free legal advice call our Industrial Disease Solicitors

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