Industrial disease claims

An employer is under a duty to ensure all employees are safe and protected from harm whilst doing their job. Failure to do so places the employee at risk of suffering injury, that are sometimes significant and life-changing.

There are many different types of industrial disease claim. These can be any one of the following;

• Work-Related Upper Limb Disorders (WRULD) that can include repetitive strain injuries (RSI) and vibration white finger (VWF)
• Noise-induced hearing loss (NIHL) and deafness
• Respiratory or lung disease, including asthma and occupational cancer
• Skin conditions such as dermatitis
• Illnesses arising from exposure to asbestos including asbestosis, lung cancer and mesothelioma
• Illnesses arising from exposure to radiation
• Occupational stress

How to make a claim

You should contact us as soon as possible if you think you may have a claim as it can take some time to obtain the necessary evidence to make your claim, particularly if your claim is due to work that you did some time ago.

Evidence is needed to establish that the employer has failed in their duty of care to ensure the safety of employees. The duty extends to others working in conditions controlled by the ‘employer’, including the self-employed, contractors and even people living in the immediate vicinity.

Although injury can arise from a single event, more often the injury is the result of exposure over a period of time that may have occurred many years earlier. Such claims can be complicated by a lengthy period of exposure, possibly by several employers, some of whom may, or claim to have provided appropriate protective equipment.

The deadline for bringing a claim where injury has been suffered is 3 years from the date of the event giving rise to the injury. In the case of claims where the injury is not apparent until many years later, the 3 year period does not start to run until you become aware you have suffered injury.

We have secured millions of pounds for clients whose lives have been changed forever, giving them the opportunity to move forward and regain their independenceWe have secured millions of pounds for clients whose lives have been changed forever, giving them the opportunity to move forward and regain their independence.

Why choose us?

Our specialist liability team will guide you in a friendly, easy-to-understand way through the process of making a claim for compensation.

Our focus is to ensure you receive the optimum rehabilitation at the earliest opportunity. Through the involvement of industry recognised rehabilitation providers, therapists, support workers and medical experts providing nation-wide coverage, our team will ensure that every aspect of your injuries are considered and a bespoke rehabilitation package implemented via third party funding.

How will my claim be funded?

You may have legal expenses insurance attached to your car or home insurance policy. We can make enquiries to see if any such legal expense insurance exists and can be used to fund your claim. If you do not have existing legal expenses insurance we can enter into a Conditional Fee Agreement and a bespoke policy of after the event legal expenses insurance. Under the terms of a conditional fee agreement, you may be charged a fee for our services.

How long will my claim take?

We endeavour to settle your claim as soon as possible. However, difficulties may be encountered in identifying and tracing all possible defendants (who may have ceased trading if the injury is not apparent until many years later), establishing a means of payment (employers are obliged to have insurance, but it may be difficult to identify the insurers) and establishing that the working environment is responsible for the injury.

It is important that your injuries, financial losses to date and any future losses (if the impact of the injury is continuing) are complete when presented to the defendant.

How much compensation will I receive?

The consequences of the injuries or illnesses will vary between individuals. The amount of compensation you could receive will be personal to you and depend upon a number of factors such as the severity of the injury, extent of any continuing symptoms and the level of impact on ability to work.

Our personal injury solicitors are experienced in accurately valuing claims to ensure you get the compensation you deserve.