Industrial diseases are illnesses or diseases that are caused due to prolonged exposure to harmful environments, substances, or unsafe practices in the workplace. These diseases are not always immediate and can cause serious long term effects for those suffering from them.

When a worker suffers from an industrial disease, they may be entitled to make a claim for compensation. Employers have a duty to ensure workplace safety. When they fail to meet legal standards, workers can pursue claims to recover damages. If you have suffered from a disease due to negligence, you could be entitled to make an industrial disease claim.

If you would like more information on the process of making an industrial disease claim with one of our expert personal injury solicitors, then please do not hesitate to get in touch with us today.

Common examples of industrial diseases that lead to claims

Common industrial diseases that lead to claims typically result from prolonged exposure to harmful substances or unsafe working conditions. Below are some common examples of industrial diseases that lead to compensation claims:

Asbestosis

• This is caused by exposure to asbestos fibres, commonly found in construction, shipbuilding, and manufacturing industries. Workers exposed to asbestos without adequate protection can claim industrial disease compensation for the debilitating effects of asbestosis.

Mesothelioma

• Direct exposure to asbestos, often from working with or near asbestos-containing materials, can lead to mesothelioma. Since mesothelioma is almost exclusively linked to asbestos exposure, affected workers and their families can file claims for compensation due to employer negligence.

Noise-induced hearing loss (NIHL)

• This is caused by long-term exposure to loud environments, typically in industries such as construction, manufacturing, or mining. Workers can claim compensation if they weren’t provided adequate hearing protection in noisy workplaces.

Repetitive strain injuries (RSI)

• Repetitive motion or overuse of muscles and tendons, common in jobs involving typing, assembly lines, or manual labour, can lead to RSI. Claims are often filed for RSI conditions such as carpal tunnel syndrome, which arise from excessive repetitive tasks without breaks.

Silicosis

• This is caused by inhalation of silica dust, prevalent in industries like mining, quarrying, and construction. Workers can file claims for silicosis if they weren’t provided adequate dust control or protective breathing equipment.

Occupational asthma

• Exposure to allergens, chemicals, or dust in workplaces such as manufacturing plants, bakeries, or farming. Workers can claim compensation if they develop asthma due to exposure to workplace irritants without proper ventilation or protection.

Vibration white finger (Hand-arm vibration syndrome – HAVS)

• Prolonged use of vibrating tools like pneumatic drills, chainsaws, or grinders, can lead to vibration white finger. Workers can claim compensation for HAVS, which occurs when employers fail to minimise exposure to vibrating tools or provide adequate safety measures.

Your employers’ responsibilities

Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law (the Health and Safety at Work Act 1974) to provide safe work conditions and a healthy environment in which you can work.

Your employer must always provide appropriate training and, where necessary, the correct and suitable equipment to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use through regular risk assessments to ensure that it remains safe at all times.

Health and safety laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent industrial diseases in the workplace, and any breach of these regulations can cause undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.

If you’ve suffered an industrial disease as a result of your employer’s negligence, you may be entitled to make a claim.

What should I do following an industrial disease incident?

If you have experienced an industrial disease incident or suspect that your health has been affected by workplace conditions, it is important to take immediate steps to ensure your well-being and protect your legal rights. Here’s what you should do after an industrial disease incident:

• Seek medical attention for your disease as soon as possible.
• It is essential to inform your employer about the diagnosis or your suspicions that your illness is work-related. Make sure you submit the report in writing and retain copies of correspondence.
• Gather evidence such as medical reports, exposure records and witness statements.
• Keep receipts for any expenses incurred as a direct result of the disease.
• Contact Beacon Law to start your claim, or have a free, no obligation, initial conversation with one of our specialist solicitors.

What is the industrial disease claims process?

During your initial consultation, our team of solicitors will provide you with comprehensive advice regarding your industrial negligence claim. They will also inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about the negligence you faced and any illnesses you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

During the initial stages of your compensation claim, it is crucial to gather relevant evidence to make a no win, no fee agreement claim. In some cases, your personal injury solicitor may recommend undergoing an official medical examination to obtain detailed medical reports specifically related to your illness. These accident reports will serve as vital medical evidence, providing a comprehensive understanding of the nature and extent of disease.

If we determine that your industrial disease claim is likely to succeed, we will offer our work on a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified. They will then have the opportunity to accept or deny liability for your disease. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

No Win, No Fee claims

No Win, No Fee claims allow solicitors to proceed with your claim with no up-front legal costs to be paid. Throughout the claim process, there will be no hidden charges or payments required from the affected person.

This type of agreement helps the injured party focus on recovering from their disease without stressing about the financial risks.

If your claim is successful, you will only be required to pay a small amount from your final damages to your work injury lawyer. These costs will be calculated as a percentage and will be discussed with you before legal proceedings start. This payment is to compensate employment injury lawyers for their time and work put into assisting with your case.

You may also be required to pay a small fee for ATE insurance from your compensation award if your case is successful. This will all be explained to you by your employment injury lawyer before you agree to start your workplace injury claim.

If your case is unsuccessful, unfortunately, you will not receive any compensation; however, you will not be required to pay us anything.

How much compensation could you receive?

The amount of compensation you could receive for an industrial disease can vary significantly and depends on different factors. It is challenging to provide an exact figure without knowing the specific details of your case. Compensation typically covers two main categories of damages:

Special Damages: These are the quantifiable economic losses you have incurred as a result of the accident. They may include:

• Medical Expenses: Compensation for current and future medical treatment, surgeries, medications, therapy, and rehabilitation.
• Loss of Earnings: Compensation for the income you have lost due to your illness, including future earning potential if your illness impacts your ability to work. 

General Damages: These are non-economic losses that are more subjective and can be challenging to quantify. They may include:

• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the illness.
• Emotional Distress: Compensation for psychological trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.

It is important to consult with lawyers who can assess your case’s specific details, evaluate the potential value of your claim, and provide you with a more accurate estimation of the compensation you could receive based on their expertise and experience in handling similar cases.

What are the time limits for industrial disease claims?

In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. These time limits are set out in the Limitation Act 1980. The general time limit for personal injury claims is three years from the date of the accident. For industrial disease claims, this date begins when the affected individual should have become aware of their illness and its connection to the workplace.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

• Minors: If the industrial disease claim involves a person who was under the age of 18 at the time when the incident occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
• Mental Capacity: If the affected person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.

How can Beacon Law assist?

At Beacon Law, our team of industrial disease solicitors are highly experienced. We can assist clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, providing a high standard of service.

To find out more about making a claim on a no win, no fee basis, please have a look at the funding section on our website.

If you looking to make an industrial disease claim for compensation, then please call us today at 0330 1332 857. You can also complete our contact form at the top of the page to request a call back from a member of our team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.