A Guide to Claiming Dermatitis Compensation

The following guide takes you through what you need to know about making a dermatitis injury compensation claim.

Introduction

Contact dermatitis is a skin condition characterised by redness, itching, blisters and cracking. The condition commonly occurs among hairdressers, cleaners and chemical workers, whose arms and hands are regularly exposed to dyes, bleaches and other irritant and allergenic chemicals.

If dermatitis is caused or brought on by work or a work-related activity, a work-related illness claim for compensation can usually be made.

Hairdresser applying chemicals

Do I have a dermatitis claim?

You should be able to make a dermatitis injury claim if your injury occurred:

  • in the last three years and,
  • someone else was at fault.

However, if these two points don't apply, a compensation claim may still be a possibility.

It costs nothing to find out - you can speak to a dermatitis claim expert on 0800 612 7456.

A short call will confirm whether you have a claim. You will be under no obligation to start a claim with Quittance.

You can also find out if you have a claim with our Online Claim Checker.

What if it was a criminal incident?

If your Dermatitis injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a dermatitis claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

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Understanding dermatitis claims in the UK

According to the Health and Safety Executive (HSE), in 2013 there were 1297 new diagnoses of occupational skin diseases. 907 of those (75%) were contact dermatitis (EPIDERM).

Working with wet hands, and contact with soap and other cleaning materials, are the most common causes. Others include latex, rubber, petroleum, cements, flour and nickel. Dermatitis can also be biological (plant or bacteria), physical (vibration or radiation) or mechanical (abrasion).

It can be caused by prolonged exposure, excessive exposure, splashes, touches or contaminated surfaces. Alternatively, airborne substances can deposit on the skin.

Occupations with the highest rates are florists, hairdressers, cooks, beauticians, and certain manufacturing and health care related occupations (THOR-EPIDERM).

Hands are most at risk, but dermatitis can affect the face and other parts of the body. A difficult condition to live with, it can cause significant pain and discomfort. Some people become permanently sensitised to certain substances. Some have to give up work because of it.

The Quittance panel of solicitors have a wealth of experience in dealing with work-related skin diseases, such as dermatitis.

When is dermatitis cause for a claim?

If dermatitis is brought on by non-fault exposure to an irritant or allergen, then a claim can be made for compensation. For occupational related dermatitis cases, responsibility would lie with the employer.

All employers have a legal ?duty of care' to ensure employees are kept safe from harm. Under the Health and Safety at Work etc Act 1974, employers are required to carry out risk assessments of the work environment to identify possible hazards. Once identified, they must remove them or adopt adequate health and safety measures to protect workers.

The Control of Substances Hazardous to Health (COSHH) more specifically requires employers to identify hazards associated with substances in the workplace, such as chemical agents, assess the extent of exposure and minimise the risks. Whilst The Management of Health and Safety at Work Regulations 1999 describes what they must do to manage the health and safety issues.

This set of regulations is particularly relevant as the substances that cause dermatitis are essential in many industries. For example, health workers are required to frequently wash their hands with soap and wear gloves. Likewise, hairdressers are frequently in contact with soaps and other chemicals and construction workers will need to use cements, plaster and other masonry.

In these instances, the employer must ensure that employees are given training on the risks and offered suitable personal protective equipment (PPE). This includes gloves and clothing specifically matched to the substance. In addition skin creams and adequate washing facilities should be provided.

If a person's dermatitis is the result of an employer failing to carry out these legal duties, this would constitute employer negligence, making them liable.

Demonstrating dermatitis is work-related

The first obstacle in a dermatitis compensation claim is demonstrating that the condition is work related. Even where a dermatologist confirms dermatitis in the claimant, establishing the cause can be difficult. For example, it could be argued that it was triggered by a substance outside of the work environment, or that the claimant already had the condition.

Demonstrating when symptoms occurred and if they correlated with a new job or a change in work conditions, such as the introduction of a new chemical or substance, can be vital.

Any evidence that can be gathered will be important. This includes:

  • Medical diagnosis and prognosis on the condition
  • Company accident records if it was caused by a single incident
  • Physical proof of the suspected causal agent, including insufficient PPE
  • Documented evidence of the companies health and safety procedures
  • Witness accounts from fellow colleagues

An employer could argue in their defence that adequate safety measures were in place, and that the employee caused the condition by not following the correct practices or wearing the specified safety gear. In this case, ?contributory negligence' might be sought which would reduce the sum received.

How much compensation can I claim for a dermatitis?

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

  • the extent 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 dermatitis has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in general damages and special damages.

General damages

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

Awards for general damages are set by the Judicial College 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.

See a list of what you can claim for:

Examples of special damages include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your dermatitis case from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

At work

If you are thinking of making a work accident or injury claim, there are some key points to be aware of:

Work Accident Claims - What you need to know

In a public place (e.g. supermarket, pavement)

If you have been injured in a public place, there are some key points you need to be aware of:

Public Place Claims - What you need to know

Medical negligence

According to the latest figures published in 2019, there were over 17,000 clinical negligence claims in the year 2016-17. This increase is largely down to an overstretched NHS.

If you are thinking of making a medical negligence claim, there are some key points to be aware of:

Clinical Negligence Claims - What you need to know

Other claim types

Find details on another type of claim:

See list of other claims

How does no win, no fee work?

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .

Our no win, no fee guarantee

Our no win, no fee guarantee means there is no financial risk in making a dermatitis claim, even if you don't win your claim.

What do I pay if I win my dermatitis claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my dermatitis claim?

If your dermatitis claim is not successful then you do not have to pay any legal fees .

Read more about making a No win, no fee claim

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning workplace illness claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Dermatitis FAQ's

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 about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

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 about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) 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 held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an interim compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert