Workplace-related cancer compensation claims

Work-related cancers are typically caused by exposure to carcinogens in the workplace, such as asbestos or chemical agents. Treatment depends on the type of cancer and may include surgery, chemotherapy, radiation therapy, and supportive care.

If your life, or the life of a loved one, has been affected by cancer as a result of workplace exposure, we can help. You can make a compensation claim with the help and support of a specialist industrial disease solicitor.

Your solicitor will collect evidence to prove that your work caused your injuries or illness. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

By law, your employer or former employer will have insurance to cover the cost of illness claims, and your compensation will be paid out of this policy. It should be possible to claim even if the company has shut down.

We can help you make an industrial disease claim on a No Win No Fee basis.

You are not alone

The Health and Safety Executive (HSE) have estimated that there are around 13,500 new cases of cancer caused by work every year. This figure is likely to be an underestimate, as many links between working environments and some cancer illnesses are not yet proven.

If an individual has been exposed to a known carcinogen, or cancer-causing substance, in the workplace, and the individual is diagnosed with cancer, they could be entitled to make a claim.If you decide to make a workplace cancer claim, your industrial disease solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Do I have an injury claim?

It should be possible to make an injury claim if:

• you were diagnosed in the last 3 years and;
• someone else, such as your employer, was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim for work-related cancer?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What are the common carcinogens in workplace cancer claims?

Carcinogens come in many forms, including: vapours; liquids; gases; solids and dusts. Damage can occur through inhalation, swallowing or if they come into contact with bare skin.

All potentially carcinogenic substances are classified by the International Agency for Research on Cancer (IRAC) as ‘definitely', ‘probably' or ‘possibly' carcinogenic (versus not classifiable or probably not carcinogenic).

What industries are most at risk?

According to the HSE, the construction industry has the largest number of occupational cancer cases, with 5,500 registered each year.

Other high risk industries include: plastic, textiles, rubber, pesticide/fertiliser manufacturers; glass and metal production; tyre making; gasworks; aerospace; petrol and diesel; paint production; leather treating plants; dentistry; printing; and chemical manufacturing and processing.

What type of cancer does each carcinogen produce?

The type of occupational cancer diagnosed varies depending on the causal agent the person was exposed to. According to the Institution of Occupational Health and Safety (IOSH), common carcinogens and their corresponding cancers include:

• Asbestos fibre-related claims (larynx, lung, ovary, pharynx, colorectum, stomach cancers, mesothelioma)
• Wood dusts (nasopharynx, sinonasal cancers)
• UV radiation from sunlight (skin cancers)
• Metalworking fluids and mineral oils (bladder, lung, sinonasal, skin cancers)
• Silica dust-related claims (silicosis, lung cancer)
• Diesel engine exhaust-related claims (bladder, lung cancers)
• Coal tars and pitches (non-melanoma skin cancer)
• Arsenic (bladder, lung, skin cancers)
• Dioxins (lung cancer)
• Environmental tobacco smoke (passive smoking claims) (lung cancer)
• Naturally occurring radon (lung cancer)
• Tetrachloroethylene (cervix, non-Hodgkin's lymphoma, oesophagus cancers)
• Paints (bladder, lung)
• Welding (lung cancer, melanoma of the eye)
• Shift (night) work (breast cancer)

Confirming a diagnosis of work-related cancer In order to pursue a claim, a cancer must be seen as a direct result of workplace exposure to a known carcinogen. Unfortunately, for the individual affected, it can be hard to accurately conclude that a specific chemical or radiation caused a cancer.

Doctors are aware of many of the known carcinogens and the types of cancer they can produce. Any medical examination will include asking certain background information, including work history. This will help establish a link.

As cancers can take ten years or more after exposure to appear, it is important to look at past jobs as well as more current ones. A solicitor can help a claimant gather supporting evidence, such as company health and safety records, as well as witnesses, to help build a case.

Read more:

Mesothelioma compensation claims

Silicosis compensation claims

Diesel exhaust exposure claims

Passive smoking injury claims

What are the responsibilities of employers?

Employers are required to protect their employees from harm in the workplace. This legal responsibility is provided for in a range of legislation including the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work 1999.

In addition, when a known carcinogen is used in a workplace, an employer is required to identify it, then either remove it or implement appropriate measures to control it. This guidance is set out in the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

In many industries, removing the carcinogen completely is not possible, as the substance is a necessary component of a process. In these instances, the employer must carry out a full risk assessment and ensure that exposed workers are sufficiently protected by:

• Installing adequate safety measures including barriers, warning signs and ventilation and regularly checking and maintaining them
• Providing good quality, industry approved personal proactive equipment (PPE) such as safety clothing, breathing masks and eye wear and showing them how to properly use it
• Training staff on the potential risks of the known carcinogen and the correct safety procedures
• Providing health surveillance to check for cancer or pre-cancerous cells

If an employer fails to adhere to any of these requirements and a worker is later diagnosed with cancer they could be held liable - provided the diagnoses confirms that the cancer is likely to be a result of the carcinogen in that particular work environment.

Employers' liability claims claims

Work-related illness claims are also known as employers' liability claims. Click on the icons below for more information:

Work accidents Other accidents

Injury FAQs

Why do most claims never go to court?

Solicitors settle the vast majority of claims out of court.

Less than 2% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Will I have to visit my solicitor's office?

When making a workplace cancer claim, you won't need to attend your solicitor's office at any stage.

You can begin with a free phone consultation with a legally-trained advisor. Your advisor will set out your options for compensation, and there is no obligation to proceed.

If you decide to claim, a specialist solicitor will take you through the industrial disease claims process over the phone. You will be able to speak to your solicitor at any stage and you wlll receive regular updates.

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How can I claim an interim compensation payment?

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.