Work-related illness
compensation claims

Essential points when making a work-related illness 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 still claim even if the company you worked for has closed down.
• You can claim if your illness was caused by the negligence of another party, like your employer or a medical professional.
• 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 across multiple employers.
• Compensation includes general damages for pain and suffering and special damages for financial losses, medical care, and loss of earnings. Use our compensation calculator to find out how much you could receive.
• You take no financial risk when you claim on a no win, no fee basis.

See also:

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

If a work-related illness has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by a work related illness, we can help. If your illness were caused by your employer or a co-worker, you may be entitled to claim compensation.

You can make a No Win, No Fee work illness compensation claim with the help and support of a work injury solicitor.

With almost 2 million people affected by illness related to their work, you are not alone

The HSE found that 1.8 million Britons were suffering from work-related ill health in 2022-23 (hse.gov.uk).

Work-related illness (sometimes referred to as 'industrial disease' or 'occupational disease') describes an illness or health condition caused by:

• an accident at work,
• unsafe working conditions, or,
• exposure to hazardous materials in the workplace.

If you decide to make a compensation claim for a work-related illness, your 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 need to move forward.

How much compensation can I claim for a work-related illness?

The amount of compensation you can claim for your work-related illness depends on:

• the seriousness of your illness,
• the impact of your illness on your daily life and ability to work,
• any financial liabilities or costs you?ve incurred from 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 are for financial losses and expenses you have incurred because of your accident. In addition to paying for lost wages, bonuses, benefits and other perks, special damages can cover any care costs and medical procedures you need, 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?

Am I entitled to make a work-related illness claim?

You are entitled to make an injury claim for a work-related illness, if:

• you were injured in the last 3 years, and;
• another party was to blame, and;
• that party owed you a legal duty of care.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

What if I was partially at fault?

Personal injury claims where both the defendant and claimant share some responsibility are relatively common.

In our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers thought they could be partially to blame for their accident.

You could still have a valid claim if you were partly to blame for your injury or illness. If you were injured at work, you can claim compensation from your employer even if you or a co-worker caused the accident.

Read more:

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

How long after a work-related illness diagnosis do I have to claim compensation?

An injury claim will usually need to be made within 3 years of the date or your accident or injury.

If your injury or illness is not immediately apparent, the 3-year time limit starts from the date that you injury or illness was diagnosed and your were informed of the likely caused.

Where does the law stand on work-related illnesses?

There is a large body of legislation, recommended protocols, and case law, that determines how specific work-related illness claims are handled. Specific examples include:

Control of Substances Hazardous to Health Regulations 2002 (COSHH)

COSHH (hse.gov.uk) specifically deals with the risks from hazardous substances in the workplace.

The regulations require employers to assess the risk of exposure to hazardous substances and implement appropriate control measures. This is particularly relevant for preventing work-related illnesses caused by chemical and biological agents.

Personal Protective Equipment at Work (Amendment) Regulations 2022

These regulations came into force on 6 April 2022. Employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.

Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.

If you were made ill at work and your employer (or third party responsible for your working conditions) failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.

The Personal Protective Equipment at Work Regulations 1992 (hse.gov.uk) set out employers' duties concerning the provision and use of PPE) at work.

Pneumoconiosis etc. (Workers' Compensation) Act 1979

The Pneumoconiosis etc. (Workers' Compensation) Act 1979 (legislation.gov.uk) entitles employees exposed to asbestos under certain conditions to lump-sum payments.

Who is legally responsible for my work-related illness?

Your employer has a legal duty of care to provide you with a safe working environment. An employer's duty is defined by the Advisory, Conciliation and Arbitration Service (ACAS), as:

"a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing."

If your employer has breached this duty of care, and you have sustained injury or illness as a result, you may be able to claim compensation. An example of such a breach would be if your employer was previously informed of the risk, but they failed to take action within a reasonable time frame.

It may not even be necessary for an employer to have prior knowledge of the specific cause of your illness if, for example, they failed to carry out regular risk assessments of your workplace.

Can I claim compensation for an illness caused by another member of staff?

A workplace accident claim may be made against a negligent employer in the event that one of their employees causes harm in the course of their employment, due to the principle of vicarious liability.

Vicarious liability claims for workplace illness are likely to be less common than for work accidents. However, in circumstances where another member of staff has caused your illness, whether due to negligence or recklessness, you may be able to make a claim against your employer.

By law, your employer must have insurance to cover the cost of your compensation, whereas an individual employee is unlikely to be able to afford to pay compensation themselves.

Can I make a work-related illness claim against multiple employers?

You may have developed a work-related illness from conditions at a single job or while working for multiple employers over several years.

Claims can be made against multiple employers, especially when exposure to hazardous substances occurred across different jobs, making it unclear which incident or period of exposure caused the illness. This is common in asbestos-related cases. A claim can still be made when poor working conditions or exposure risks are widespread in an industry.

Your solicitor will advise on whether to pursue claims against multiple employers and handle the legal work to identify all relevant parties and their insurers.

To claim compensation, the working conditions must have caused your illness due to employer negligence and occurred or been identified within the last 3 years.

What if the company you worked for no longer exists?

Claims can often be made even where an employer has ceased trading or has declared bankruptcy. The Employers' Liability (Compulsory Insurance) Act 1969 makes it a legal requirement that companies insure against employee injury or illness.

The Employers' Liability Tracing Office (ELTO) is a not-for-profit company that holds a historic database of the insurers used by employers. Solicitors use the ELTO database to track down insurers responsible for companies that have been bought out, changed ownership, or otherwise ceased trading.

Can I claim compensation if I have a non-industrial occupation?

The HSE has stated that their report 'substantially underestimates' the number of illnesses sustained in non-industrial workplaces. Skin and dermatological conditions, for example, commonly affect cleaners, hairdressers, gardeners, and kitchen staff. Employees may not be aware that their illness relates to their work.

Whether you were made ill from working in a factory, office, or shop, if your illness resulted from your employer's negligence, a compensation claim may be possible.

What if my-ex employer has ceased trading?

If your previous employer is no longer in business, you can still claim compensation for an injury that happened while you were working for them. Your employer's liability insurer will still have to cover the compensation for your injury, even if the business is bankrupt or no longer active.

Find out more:

My employer went bust after I was injured at work - Can I still make an injury claim?

How a solicitor can help you

A work injury solicitor can guides you through every step of the claims process, until you secure the best possible settlement for your injuries. Our panel personal injury experts have a proven track record in handling claims for a wide range of conditions, including:

• Mesothelioma and other asbestos-related diseases
• Lung cancer and lung disease
• Noise-Induced Hearing Loss (NIHL) and other hearing injuries
• Hand-Arm Vibration Syndrome (HAVS), Repetitive Strain Injury (RSI), and Carpal Tunnel Syndrome (CTS)
• Bursitis
• Silicosis
• Musculoskeletal injuries, including back and neck pain
• Occupational dermatitis and other skin conditions from exposure to hazardous substances

Our panel of expert solicitors will answer all your questions and explain your options clearly, helping you take the next steps with confidence. We can handle the complexities so you can focus on your recovery.

Understanding employer liability for work-related illness claims

Work-related illness claims are made on the basis of employers' liability. Click the icon below for more information.

Work accidents Other accidents

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.