Industrial disease
compensation claims

Key advice when making an industrial disease claim

• Employers have a legal duty of care to provide a safe working environment. If your employer failed in its' duty, and you were made ill as a result, you can claim compensation.
• You could still be able to claim even if you were partly responsible for your illness.
• If you were injured at work, you can claim compensation from your employer under the principle of vicarious liability - even if you or another employee caused your illness.
• You have 3 years to start a claim from the ‘date of knowledge’ when you first became aware of the illness, even if it developed over years or involved exposure over multiple jobs.
• Calculate how much you could claim with our compensation tool.
• Claiming is risk-free with no win, no fee.
• You still claim even if your company has ceased trading or didn't have employer's liability insurance.

See also:

How do I make a claim after an accident at work?

If an industrial disease has set you back, we'll help you move forward

Industrial diseases are a serious concern in many industries can they can have long-term and debilitating effects on an individual's health. These conditions are often caused by exposure to harmful substances like asbestos, silica or other toxic materials in the workplace.

If you or a loved one has been diagnosed with an industrial disease, you may be entitled to compensation for your losses. In this article, we will discuss the process of making a No Win, No Fee compensation claim, including the types of losses you can claim for and the steps involved in pursuing a claim.

If you have been affected by industrial disease, we can help.

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You are not alone

The term 'industrial disease' is used to describe a condition or illness which has developed after exposure to a dangerous substance in the workplace, or as a result of unsafe working conditions.

There were an estimated 1.8 million new and long-standing cases of work-related ill health in 2022/23 (hse.gov.uk).

An estimated 13,000 people die every year from lung disease and cancer caused by exposure to harmful substances alone.

Many employees with an existing illness, injury or medical condition also experience a worsening of symptoms due to actions or failures on the part of their employer.

How much compensation can I claim for an industrial disease?

Compensation for your industrial disease is determined by:

• the severity of your illness,
• how your illness affects your everyday life and work,
• any financial losses or costs you have incurred due to your illness.

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 is compensation for quantifiable financial losses you've incurred as a result of your industrial disease Compensation can include loss of income, including future loss of income, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as medical monitoring, psychological support and pain medication.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Do I have an industrial disease claim?

Industrial diseases often develop over time due to prolonged exposure to harmful substances or unsafe working conditions. In general, anyone who has been made ill by their working environment in the last 3 years will be able to make a claim.

Claiming after 3 years

Industrial disease claims are often still possible after 3 years if the ‘date of knowledge’ falls within this period. This refers to the date when you reasonably become aware of your illness, usually when you receive a diagnosis.

it is possible to claim for compensation after the 3 years have lapsed, if the 'date of knowledge' of the injury was in this period.

The 'date of knowledge' refers to the point when you first become aware, or reasonably should have become aware, of your illness and its connection to your employment. This is often the date a medical professional provides a diagnosis linking the condition to specific workplace activities or exposure.

Personal injury solicitors usually advise claimants to start an industrial disease claim as soon as possible as it will increase the chances of success.

Which types of industrial diseases can I claim for?

Industrial disease is a collective term that refers any illness or condition that develops as a result of exposure to harmful substances or unsafe working conditions in an industrial or work environment.

Any disease or injury can be claimed for if it can be proven that condition resulted from an employer's breach of their duty of care. We have helped injured people claim compensation for a wide range of industrial diseases including:

Asbestos-related illnesses

You can claim for your self or a family member with mesothelioma or other asbestos-related diseases, including after their death, or due to secondary exposure from asbestos fibres on a worker's clothes or skin.

Occupational dermatitis

Dermatitis claims are common among hairdressers, cleaners and chemical workers, whose arms and hands are regularly exposed to dyes, bleaches and other irritant and allergenic chemicals.

Hand-Arm Vibration Syndrome (HAVS)

The vast majority of industrial disease claims for Hand-Arm Vibration Syndrome are caused by the regular use of hand-operated vibrating power tools in the workplace. Hand arm vibration syndrome claims can only be made for conditions caused by exposure at work after 1st January 1976. Claims can be made for conditions arising from the use of pneumatic tools after this date, including seasonal conditions affecting sufferers of hand-arm vibration syndrome in colder weather.

HAVS claims also include Carpal Tunnel Syndrome (CTS) and Vibration white finger (VWF).

Noise-induced hearing loss (NIHL)

An estimated 18,000 people currently experience hearing loss either caused by, or made worse by, working conditions. Noise-induced hearing loss claims and tinnitus claims are common when working in environments noise levels exceed 80dBA, such as heavy industry, car factories and shipyards.

Occupational asthma

Occupational asthma claims can occur in a range of industries. However, manufacturers of motor vehicles, food products and basic metals are identified as having the most cases.

Repetitive strain injury (RSI)

RSI is a broad category, describing the cause for a range of medical conditions. Repetitive strain injury (RSI) claims also include tenosynovitis, carpal tunnel, and tendinitis. According to research by RSI Awareness, 5.4 million sick days occurred in a single year as a direct result of RSI. 1 in 50 of the UK's working population report suffering from an RSI condition.

Silicosis

Workers who cut, break, drill, crush or otherwise work with silica-containing materials are most at risk of developing silicosis. The disease is particularly prevalent in construction, mining, quarry works and stonemasonry.

Industrial air pollution

Industrial air pollution is typically comprised of dust, gases and fumes that are discharged into the air from factories, power stations and engineering activities, such as large-scale demolition. These substances are not necessarily toxic when used or handled correctly.

Breathing in these chemicals can have an adverse effect on health, leading to lung disease, cancer and other serious conditions.

The majority of industrial air pollution cases occur in workers who are exposed to dangerous fumes in the workplace without the proper protective equipment such as masks and breathing apparatus.

Members of the public can also experience health problems if the air is polluted to harmful levels. While accidents occur only rarely, factories and power stations do sometimes leak industrial waste into the air. In this scenario, the company responsible for the discharge will be liable if it can be shown that they failed to exercise the proper care.

Chromium disease

The health effects of chromium exposure are varied because each compound has a different toxicity. Chromium (VI) presents the biggest risk as it can be inhaled or ingested, especially if food is consumed in chromium-contaminated areas. All chromium compounds can be absorbed through the skin.

Workers in industries that use chromium may have a higher level of exposure and thus have a greater risk of developing a chromium-related illnesses. High-risk industries include:

• Chromium plating
• Spray painting
• Chemical manufacture
• Dyeing and tanning
• Stainless steel and alloy manufacture.

This list is not exhaustive. Anyone exposed to chromium, including members of the public who come into contact with chromium after a spillage, may be eligible to make a compensation claim.

How can compensation help me?

Financial compensation is no substitute for the pain, suffering and consequences of an industrial disease. Personal injury law is based on the principle that compensation should aim to return a person to the position they would have been in if the accident or illness had not occurred. As such, compensation should have a positive impact on your present circumstances and future care.

Our panel of specialist solicitors have a track record of securing compensation awards for:

• medical treatment and care costs
• anticipated future treatment and care
• other expenses including travel costs and potentially property damage
• loss or reduction of mental or physical capacity
• general pain and suffering
• lost earnings during recovery
• loss of earnings if unable to return to work

What are the chances of my claim being successful?

To win a compensation claim, it must be shown that your employer or former employer is liable for the illness or injury you have sustained.

Your claim is very likely to succeed if liability has been admitted. In matters where the defendant has not acknowledged liability, or they allege that blame for your illness rests partly on you, success is not guaranteed.

Your solicitor will help gather evidence with a view to putting together the most robust claim. They may advise you to:

• report the circumstances to your employer, if applicable
• gather statements, names and addresses from witnesses
• complete or continue any course of medical treatment, including physiotherapy
• retain receipts for travel expenses and any other costs resulting from the disease or injury, such as modifications to your home or vehicle

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.