Industrial Disease Claims

Industrial disease can have devastating effects on the person suffering and their family.  Suffering from a workplace disease does not only affect you physically but can take a huge emotional toll and cause financial stress.

Compare Compensation Claims are here to help. We have panel solicitors available across the country that specialise in workplace disease.  Call us on Freephone: 0800 688 9553 for a free consultation without obligation.

What are industrial diseases 

Industrial diseases are illnesses or conditions that result from exposure to harmful substances or unsafe working conditions in the workplace. These diseases often develop over time and are linked to specific industries or job roles. Common examples include:

• Asbestosis – caused by inhaling asbestos fibers
• Occupational asthma – triggered by exposure to dust, chemicals, or fumes
• Noise-induced hearing loss – resulting from prolonged exposure to loud machinery
• Repetitive strain injury (RSI) – due to repetitive tasks or poor ergonomics

Industrial disease compensation experts

Employers have a duty of care to their employees so if your employer has failed to minimise risks and protect you from harm, you may be entitled to make an industrial disease claim.

Compare Compensation Claims can help you start your claim with a personal injury solicitor  experienced in industrial disease compensation.  All solicitors work on a no win, no fee basis so you will not pay a fee unless you are successful in your claim.

Industrial disease compensation 

The amount of industrial disease compensation you may be entitled to – in accordance with the 17^th edition of the JC Guidelines – are as follows:

Types of workplace disease

Occupational disease can be caused by exposure to hazardous substances, physical elements, or work-related stress.  Examples include:

• Respiratory illness and respiratory disease – occupational asthma, mesothelioma, lung cancer and pleural thickening caused by asbestosis exposure, emphysema and silicosis caused by crystalline silica dust.
• Occupational cancers – including bladder. lung, nasal and skin cancer.
• Occupational dermatitis and other skin conditions – can be caused by exposure to irritants like chemicals, allergens or hazards.
• Chemical poisoning – depending on the type of chemical exposure, can cause long term conditions like asthma, cancer or organ damage.
• Hand arm vibration syndrome (HAV) / vibration white finger (VWF) – occupational disease caused by prolonged exposure to vibration
• Repetitive strain injury – where prolonged repetitive tasks or action cause pain or impairment of the tendons or muscles.  
• Occupational hearing loss and tinnitus – can be caused by exposure to excessive noise, chemicals or as a result of trauma. 

Industrial disease claims process 

The stages of an industrial disease compensation claim are: –

1. Investigations and evidence gathering

Your personal injury solicitor will gather evidence to help prove your claim. With industrial disease claims the key is to prove the link between your work and your illness. Therefore, your medical records and treatment records will be requested which is crucial to determining this link.

Your solicitors will request information from your employer and any witnesses, to assist in determining liability and to calculate a loss of earnings claim where applicable.  Details of any expenses incurred because of your illness will also be requested to be included in your claim.

2. Medical examination

A medical examination will be arranged for you with an appropriate expert, who will be provided with a copy of your medical records to determine the link with your illness and your work, and to provide a prognosis of your injuries. Their report will enable your legal representatives to value your claim and request any private medical treatment recommended.  It will detail:

• your illness
• the attribution of your illness to your work activities
• your expected recovery time
• details of permanent or worsening symptoms
• any treatment recommended.

3. Determining liability

Your claim will be submitted on the Ministry of Justice (MOJ) portal and the defendants have 30 working days in which to respond as to whether they are accepting responsibility for the claim (liability). If the defendants fail to respond within this timescale, then your claim would proceed under traditional litigation procedures.

4. Negotiation and settlement 

If liability is admitted then evidence will be exchanged by your solicitors and the defendants, and a settlement amount will be negotiated. Your personal injury solicitors will advise you about the offers made and whether the final amount negotiated is considered fair and reasonable.

5. Litigation

Where the claim exceeds the MOJ portal’s financial limits or involves complex evidence, injuries, or multiple defendants, it may be excluded from the portal and handled through the traditional court process.  If settlement cannot be agreed or liability is disputed, then the claim may also proceed by way of litigation.  In this case your personal injury solicitor will represent you in proceedings, consulting with you at each stage.

Funding your industrial disease claim

All the solicitors featured will offer you a no win, no fee agreement, known as a Conditional Free Agreement (CFA). This will allow you to make a risk-free claim without any upfront fees and a fee will only be paid if your claim is successful.

If your claim is successful and you receive compensation then you will pay a percentage of the compensation recovered, which is referred to as a success fee. The success fee is capped at a maximum of 25% by law.

Many solicitors do not charge a fee directly to their client for asbestos-related diseases, meaning that you will receive 100% of your compensation.

To achieve the maximum amount of compensation it is important to choose experienced and specialist solicitors who have a proven record of negotiating the best settlements possible.

Job security and legal rights

It is your legal right to claim if you are suffering from an industrial disease and you should feel assured that:

• There are employment laws in place to prevent your employer dismissing you, or treating you unfairly, if you do make an industrial disease compensation claim.
• Employers have a legal duty to have insurance in place (known as Employer Liability Insurance) and any industrial disease compensation will be paid out by the insurer, not your employer directly.
• In the case where your industrial disease was caused by previous employment and the company is no longer trading, your legal representatives will attempt to trace the employer’s liability insurance to make a claim.

Why Choose Compare Compensation Claims to claim industrial disease compensation 

We can help you make an industrial disease compensation claim with one of our specialist panel personal injury solicitors:

• All solicitors offer a free initial consultation without any obligation to proceed with a claim.
• No win, no fee agreement provided, meaning you do not pay a fee unless you receive compensation.
• Solicitors based throughout England and Wales offering a national service.  Some solicitors listed offer a 24-hour helpline.
• Directory of highly ranked solicitors with a proven record of success in achieving the maximum amount of compensation possible for their clients.
• The solicitors in our directory are all regulated by the Solicitors Regulation Authority and members of the Law Society. Many solicitors are also members of APIL (Association of Personal Injury Lawyers).
• Legal experts who understand the distress occupational disease causes to both the sufferer and their families.  Your claim will be dealt with sympathetically and very much with you in mind.  We understand it’s not just the financial element to your claim but also helping you with treatment and supporting you and your family in the future.

Contact us today to start your no obligatory industrial disease compensation claim.

FAQs Industrial disease compensation 

What is an industrial disease claim? 

An industrial disease claim is a type of personal injury claim made by a person who is suffering from an illness or disease caused by their work environment, often due to exposure to harmful substances or chemicals.  Industrial disease compensation claims can also be made by an individual’s family where that illness has sadly led to the premature death of that person.

What are examples of industrial disease? 

The most common industrial diseases according to the Health and Safety Executive (HSE) are respiratory diseases, asbestos related diseases, various cancers, skin diseases, vibration-white finger (VWF) and noise-induced hearing loss.

What is the time limit for making an industrial disease claim? 

The time limit for making an industrial disease claim is three years from the date you became aware of the link between your illness and your work.  In cases which have resulted in a fatality, the deceased’s family must make a claim within three years of their loved one dying or within three years of post-mortem results date.

How long does it take to make an industrial disease claim? 

The amount of time it takes to settle an industrial disease claim can vary significantly from around six months to several years.  Industrial disease cases tend to have more complex issues including proving the link between your illness and your employment.  Sometimes there are multiple employers involved, so there are often several complexities to navigate. Therefore, it can take time to properly investigate and gather the evidence required for an industrial disease compensation claim.