industrial disease claims solicitors

What is an industrial disease?

An industrial disease is an illness or condition induced by exposure to harmful substances or unsafe conditions in the workplace. The definition of such a disease extends beyond the typical understanding of disease, encompassing long-term injuries or illnesses that occur as a result of poor workplace practices. For instance, repetitive strain could occur if an individual carries out the same tasks repeatedly, or harm may ensue where there is a lack of appropriate personal protective equipment.

There are various common industrial diseases, ranging from hand-arm vibration conditions such as Vibration White Finger or Carpal Tunnel Syndrome, to hearing impairment, tinnitus, and industrial deafness. Occupational cancers often arise due to exposure to chemicals and dust. Repetitive strain injury and skin conditions like contact dermatitis due to chemical exposure also come under the category of industrial diseases.

Workplace negligence can also lead to a number of lung conditions. Such instances primarily occur when employees are exposed to dusty environments or work with materials that contain asbestos or other harmful chemicals. Many people make compensation claims for diseases such as asbestos poisoning or mesothelioma, as well as asthma and silicosis. These industrial diseases can lead to life-changing effects, including shorter life expectancy or disability.

The process of claiming compensation for industrial diseases can be more complex than other claims because these conditions typically develop over time. Your former employer may no longer be in business, which can complicate the claim process. However, it is possible to make an industrial disease claim if you have suffered an illness due to workplace negligence. Employers are required by law to take necessary measures to prevent these diseases where possible.

What are the common causes of industrial diseases?

Industrial diseases are health conditions caused by prolonged exposure to harmful substances or unfavourable conditions in the work environment. They can also refer to any long-term injuries or illnesses that occur due to substandard work practices. For instance, repetitive strain injuries can result from doing the same tasks repeatedly, especially without the correct personal protective equipment.

Various types of industrial diseases are commonly reported, including hand-arm vibration conditions such as Vibration White Finger or Carpal Tunnel Syndrome. Other common conditions are hearing loss, tinnitus, and industrial deafness, all of which can occur due to continuous exposure to high levels of noise in the workplace. Occupational cancers caused by chemicals and dust are also prevalent industrial diseases.

Repetitive strain injury is another frequent complaint, often occurring due to repetitive movements over long periods. Skin conditions, especially contact dermatitis, can be brought about by exposure to harsh chemicals. Moreover, several lung conditions can be traced back to workplace negligence. Many workers, particularly those who spend their days in dusty environments or around buildings and materials containing asbestos or other harmful chemicals, make asbestos compensation claims or mesothelioma claims, as well as claims related to asthma and silicosis.

All these industrial diseases can lead to life-altering consequences, ranging from a decrease in life expectancy to significant disability. Therefore, it is essential for employers to ensure adequate health and safety measures to protect their employees from these industrial diseases and for workers to be aware of the potential hazards in their work environment.

Can I make a claim if I am partly at fault for my industrial disease?

Yes, it is possible to make an industrial disease claim even if you are partly at fault for your ailment. It is crucial to understand that under the Health and Safety at Work Act 1974, employers are legally obligated to ensure the safety and wellbeing of their employees. If they fail in this duty, they may be held responsible for any resulting conditions or injuries, regardless of whether the employee contributed to the situation.

An industrial disease can be defined as a long-term illness or injury that arises due to harmful exposure or unsafe conditions at work. These can include, but aren’t limited to, repetitive strain from repeated tasks, harm from insufficient personal protective equipment, or conditions caused by exposure to dangerous substances. Examples of common industrial diseases include hand-arm vibration conditions, hearing loss, occupational cancers, repetitive strain injuries, and skin conditions such as contact dermatitis.

Claiming compensation for industrial diseases can be daunting due to the gradual development of these conditions and the potential fact that the former employer may no longer be in business. The process can be made easier with the help of experienced solicitors who can help track down your former employer’s insurer and assist in gathering the necessary evidence to support your claim.

Even if you’re partially responsible for your industrial disease, you’re still entitled to compensation if your employer didn’t fulfil their duty of care. This could involve conducting risk assessments, providing appropriate safety equipment, limiting exposure to toxic substances, and offering proper training to prevent injury. The key is to engage an experienced industrial disease solicitor who can guide you through the nuances of the claims process and ensure your case is presented in the best possible light.

Remember, you can also make a claim on behalf of a loved one if you’re the executor of their will – distributing any compensation according to the will’s terms or the rules of intestacy if no will exists. It’s crucial to keep an accurate record of medical diagnoses, treatments, and any other relevant information to support your claim, whether it’s for you or a loved one.

What are the legal rights of an employee after contracting an industrial disease?

An employee, who contracts an industrial disease due to negligence or failure of health & safety measures at the workplace, is entitled to certain legal rights. Under the Health and Safety at Work Act 1974, the employer is legally bound to provide a safe environment for the employees. If the employer fails to do this, and as a result, an employee contracts an industrial disease, the employee has the right to claim compensation.

Industrial diseases can range from long-term conditions or illnesses caused by harmful substances or unsafe conditions in the workplace, to injuries resulting from poor workplace practices. Examples of industrial diseases include repetitive strain injury, industrial deafness and conditions like asbestos-related illness. All such industrial diseases can have life-altering effects, reducing life expectancy, and causing disability.

An employee is entitled to make a claim for compensation for an industrial disease. The claim can be made years after the symptoms have first appeared, but it must be within three years from the date of the diagnosis. The claimant should maintain documentation such as medical records and statements as evidence. If required, a claim can also be made on behalf of someone else. The claims are generally made on a no win, no fee basis.

It is important to note that an industrial disease claim can also be made even if the company, where the employee contracted the disease, is no longer functional. In such cases, the former employer’s insurer is tracked down with the help of industry experience and the claim is processed.

If an employee contracts an industrial disease, the employer should have conducted risk assessments, provided appropriate safety equipment, limited exposure to toxic substances and offered proper training to prevent injury. If the employer fails in these duties, it forms grounds for an industrial disease claim.

It is also possible to make a claim on behalf of a deceased loved one, if one is the executor of their will. Compensation in such cases covers areas like pain and suffering, loss of earnings and cost of care while the deceased was being treated. The compensation is distributed according to the deceased’s will, or in the absence of a will, following the rules of intestacy.

What evidence is required to make an industrial disease claim?

In order to make an industrial disease claim, a strong evidence base is necessary. The most crucial thing to remember when making a claim is that it can be submitted for certain diseases even many years after the symptoms first appeared. However, from the time of diagnosis, you have a limit of three years to file a claim.

Essential to the process is keeping a record of medical documentation and statements as they serve as important evidence. It’s also possible to submit an industrial disease claim on someone else’s behalf, often with the claim being made on a ‘no win, no fee’ basis.

Industrial diseases can encompass multiple health conditions, including long-term injuries or illnesses caused by unsafe practices or harmful conditions in the workplace. These could range from repetitive strain from repeated tasks, conditions caused by inadequate safety equipment, or illnesses induced by exposure to harmful substances.

Understanding the type of industrial disease one has contracted is crucial for gathering the necessary evidence. This could include conditions like Vibration White Finger or Carpal Tunnel Syndrome induced by hand-arm vibration, hearing loss, tinnitus or industrial deafness, occupational cancers caused by chemicals and dust, and skin conditions like contact dermatitis caused by chemicals. Lung conditions caused by workplace negligence, such as asbestos-induced illnesses like mesothelioma and silicosis, also fall under this category.

Finally, to make an industrial disease claim, it is essential to demonstrate that your employer neglected their duty of care. This can be supported through evidence that they didn’t conduct appropriate risk assessments, didn’t provide adequate safety equipment, exposed you to toxic substances, or didn’t offer the necessary training to prevent injury. If claiming for a deceased loved one, claims can be made for their pain and suffering, loss of earnings and the cost of care they received before their passing.

How to claim compensation for industrial diseases?

If your health has been negatively impacted due to your employer’s failure to protect you, it is possible to claim compensation for industrial diseases. Experts in industrial and occupational disease compensation claims can assist you to process these claims on a no win, no fee basis. This ensures you don’t have to pay anything if the claim is not successful.

Claiming compensation for industrial diseases can be a little more challenging compared to other claims as these conditions often develop over time. In addition, your past employer may not be in operation anymore. However, specialists with years of industry experience can assist in tracking down your former employer’s insurer and help you compile evidence to strengthen your claim.

Eligibility for making an industrial disease claim resides in suffering from an illness due to workplace negligence. Your employer is legally obliged to prevent these diseases where possible. This includes conducting risk assessments for injuries caused by repetitive activity, providing appropriate safety equipment such as ear protectors, limiting exposure to toxic substances as much as feasible, and offering proper training to prevent injuries, such as manual handling to prevent long-term back injuries.

Proving these conditions can be more complex due to their nature. It is essential to choose an experienced industrial disease solicitor who will go above and beyond to settle your claim.

If a loved one has died, as the executor of their will, you are able to make a claim on their behalf. You can claim for pain and suffering, loss of earnings if they were supporting you, and the cost of care during their treatment. Compensation awarded after a person has died will be distributed according to their will. If the person does not have a will, this will follow the rules of intestacy.

Remember, you are entitled to claim for some diseases years after symptoms appeared and you have three years from your diagnosis to make a claim. It is important to keep medical records and statements as evidence in your claim.

Can I make a claim on behalf of a loved one who has died from an industrial disease?

Yes, you can make an industrial disease claim on behalf of a loved one who has passed away due to an industrial disease. The executor of the deceased’s will, i.e. the person responsible for distributing the deceased’s estate, is permitted to make such a claim. The claim can be made to seek compensation for various aspects such as the pain and suffering endured by the deceased, any loss of earnings particularly if the deceased was a breadwinner, and the cost of care during the treatment period of the deceased.

Compensation awarded in such cases is distributed according to the terms of the deceased’s will. In the absence of a will, the rules of intestacy apply. Making an industrial disease claim can be complex, especially when the claimant has passed away or where the former employer is no longer in operation. However, with the right legal assistance, it is possible to bring a successful claim. The process involves tracking down the insurer of the former employer and gathering the necessary evidence to support the claim.

Your loved one’s employer had a legal responsibility to prevent industrial diseases, such as conducting risk assessments, providing proper safety equipment, limiting exposure to toxic substances, and offering proper training to prevent injury. If they failed to fulfil these obligations, it could form the basis for your industrial disease claim. Please note, these claims can be harder to prove due to the nature of the conditions, and hence, it’s important to seek the services of a seasoned industrial disease solicitor to navigate these complexities.

Is there a time limit to make an industrial disease claim?

When discussing the time limit for making an industrial disease claim, it is crucial to know that you typically have three years from the date of your diagnosis. This three-year time limit applies to claiming compensation for an illness or condition that has arisen due to workplace negligence or exposure to harmful substances or unsafe conditions at work. The long-term nature of these diseases means that you can file a claim for some conditions years after the initial symptoms have appeared.

It is important to keep all relevant medical records and statements as evidence to support your claim. These documents would serve as proof of your condition and the effect it has had on your life. Also, if you have been appointed an executor of a will, you have the ability to claim on behalf of someone else, offering an additional pathway for justice and compensation for those affected by industrial diseases.

Industrial disease claims can be more challenging than other types of claims because these conditions often develop gradually over time. In some cases, the business where the exposure took place may not be operating anymore. However, with the help of experienced solicitors, it is possible to locate the insurer of your former employer and gather the necessary evidence to support your claim effectively.

Remember, an industrial disease is an illness or condition caused by exposure to harmful substances or dangerous conditions in the workplace. All these can have life-changing effects on an individual, including a shorter life expectancy and disability. Therefore, ensuring a successful claim can be critical to securing the necessary support for dealing with the impacts of an industrial disease.

How long does an industrial disease claim process take?

The duration of an industrial disease claim process can vary significantly depending on the individual case’s complexity. Factors that influence the process duration include the type of industrial disease, the extent of the injuries, the time it takes to gather all necessary evidence, and if the former employer still operates or not. However, it is important to note that an individual has three years from the date of his or her diagnosis to initiate a claim.

Industrial disease compensation claims can be more complex to resolve than other claims since these conditions usually develop gradually over time. In some instances, the victim’s former employer may no longer be in business, adding to the complexity of the process. Legal professionals with industry expertise can assist in these situations by tracking down the former employer’s insurer and helping to gather the necessary evidence to support the claim.

The primary step in making an industrial disease claim is proving that you have suffered an illness due to workplace negligence. Your employer has a duty of care to prevent these diseases, such as conducting risk assessments, providing appropriate safety equipment, limiting exposure to toxic substances, and offering necessary training to prevent injury.

Given the nature of these conditions, they can be more difficult to prove. This is why it’s critical to choose an experienced industrial disease solicitor who will diligently work to settle your claim. Additionally, it is possible for an individual to make a claim on behalf of a deceased loved one if they are the executor of their will.

Regardless of the complexities involved, it is of utmost importance to keep meticulous medical records and statements as evidence. This evidence will significantly support your claim and help to expedite the process.

Is it possible to get interim payments during an industrial disease claim?

It is indeed possible to obtain interim payments amid the process of an industrial disease claim. This is particularly beneficial as it allows you to cover your expenses while your claim is ongoing. This can be especially helpful in cases of industrial disease claims which can sometimes be more challenging than other claims as these conditions often develop gradually over long periods of time.

In some instances, your former workplace may no longer be in operation. However, this need not be an obstacle as experienced solicitors can assist in tracing your former employer’s insurer and help you in gathering the necessary evidence to substantiate your claim. The solicitors will handle your case on a no win, no fee basis, meaning there won’t be any financial risk for you if your claim is unsuccessful.

Remember, you can also make an industrial disease claim on behalf of someone else, such as a loved one who has passed away, provided you are the executor of their will. Compensation awarded after a person’s death will be distributed according to their will. If no will is in place, then the rules of intestacy will apply.

The crucial point to remember is that if you have been diagnosed with a disease caused by negligence in your workplace, you have three years from the time of your diagnosis to make your claim. Therefore, it is crucial to act promptly and seek legal advice as soon as possible.