How to make an industrial disease compensation claim

What is an industrial disease?

An industrial disease is any health condition that is triggered by your working environment. They most commonly occur among men and women who are exposed to fumes, dust and chemicals in factories, manufacturing plants, mines or construction sites. These working environments, and the equipment and materials associated with them, are typically the most dangerous.

However, even office workers can be exposed to harm.

Some diseases can have a devastating impact on your health, many years after they first occur. Examples include:

Asbestos related diseases, such as pleural thickening, asbestosis, lung cancer and mesothelioma'

Vibration White Finger
Industrial deafness
Industrial respiratory disease such as asthma and silicosis
Occupational dermatitis.

Is my employer responsible?

Your employer has a duty to keep you safe at work which is why there are so many Health and Safety regulations. If your work environment contains factors that are potentially harmful to health, you employer must take reasonable steps to limit your exposure to those factors. This might include safety features such as protective masks, dust extractors or ear defenders.

If you employer fails to protect you and you become ill as a result, then your employer is liable for your suffering.

How much compensation can I claim and do I keep all of it?

Since the legal reforms in 2013, successful personal injury claimants funding a personal injury claim with a 'Conditional Fee Agreement' (more commonly known as no win no fee) will have to pay a maximum of 25% of their compensation settlement or award to the solicitor in the form of a success fee.

Although 25% is a cap imposed by the Ministry of Justice, it has been broadly adopted as a standard success fee imposed by nearly all solicitors. It is worth shopping around for the best deal as there are one or two companies prepared to work on a lower fee. Some companies work for lower success fees. Quittance, for example, are a national company that works on a maximum success fee of 15%.

Exposure to harmful substances at work can cause long-term health conditions such as mesothelioma, lung cancer and asbestosis. Other health problems may result from poor working practices. These illnesses may not show up for many years, but when they do they can put an end to your career and even shorten your life.

It is likely that you can claim for compensation if you are ill because of your work, even if you first contracted the disease a long time ago.

Eligibility to make a claim?

You would usually have three years to make a claim. The time limit starts running from the onset of your symptoms or the date you first make a connection between your illness and your working environment. Some industrial diseases can take years to develop and it does not matter that your illness was triggered by a job you had a long time ago.

Occasionally the three-year time limit can be overcome. However, it is important that you get legal advice quickly, both about compensation you can get through the Courts and about benefits you can get from the Government. You can usually make a claim even if your employer has gone out of business.