Industrial Disease Claims
Our experts at Zenith Lawyers can help you if your employer has not taken the necessary precautions to keep you safe and your health has suffered due to an unsafe working environment or where the safety regulations have not met the standards and have caused you to suffer a form of industrial disease. These claims are distinctively difficult because the conditions can develop over time or your former employer is no longer in business. However, our expertise in industrial disease claims can help you settle your claim in every eventuality. Our experienced team can track down your former employer’s insurer and procure all sources of evidence that support your claim.
The term ‘industrial disease’ does not narrow it down to simply just diseases. It is a term used for any illness or conditions which have been caused by your current or previous work. As an employee, no matter what the working conditions are or the environment is, you are expected to be protected and kept from harm within the remit of safety measures. If your employer has failed in their duty of care to keep you safe from potential harm which has resulted in you contracting an industrial disease then you may be entitled to a compensation claim.
ELIGIBILITY
Common types of industrial diseases that can give rise to a claim for compensation include:
- Asbestos Disease Claims – This is a lung condition of which has been caused by prolonged exposure to asbestos. This can cause several lung conditions such as: asbestosis, mesothelioma, pleural disease (pleural plaques and pleural thickening) and lung cancer.
- Industrial Deafness & Hearing Loss Claims – This is a condition in which you have been in the vicinity of loud noises and did not have the appropriate equipment to subdue the noise levels. This can cause hearing loss in one or both ears, it can also cause tinnitus which is a buzzing, whistling or hissing sound in your ears.
- Repetitive Strain Injury (RSI) Claims – This is the repetitive use of parts of the body over and over again. Extensive use can create RSI or worsen the symptoms. A few different forms of RSI are: vibration white finger, tennis elbow, and carpal tunnel syndrome.
- Occupational Asthma Claims – This is caused by airborne allergens or irritants within the workplace. It is the exposure to respiratory sensitisers such as resin fumes, welding fumes, dust, different gases, cleaning liquids and sprays. Such fumes can leave you with respiratory issues causing asthma.
- Respiratory and Lung Disease Claims – These are caused by breathing in irritants such as dust, silica, and fumes. The symptoms may not be instant and can take months and years to develop. Breathing in such irritant fumes can cause silicosis, occupational asthma, lung cancer, and asbestosis.
- Occupational Dermatitis – This occurs when the skin is irritated by toxic substances, it is the exposure to chemical irritants or sensitising agents. For hospitals it could be where detergents and soaps are used regularly. For factories it could be pharmaceutical products are manufactured. For construction sites it could be chemical substances like wet cement, asphalt, acrylic sealants, etc. For hairdressers it could be chemical substances, bleach, hair dye.
- Occupational Cancers – This is where cancer has been caused by carcinogens in the workplace. These can be formed by things such as: Asbestos, Benzidine, Cadmium, Formaldehyde, Rubber Production, Trichloroethylene, UV Radiation, Dust, etc. These cancers can from in different areas of the body, the most common ones are: Lung, Bladder, Throat, Nasal, Liver, Skin, etc.
As this is a form of a personal injury claim, any claims in relation to industrial diseases have a 3-year time limit.
However, with industrial diseases the time limit normally starts from date of the diagnosis OR the date of knowledge of the disease. This is because some conditions can develop gradually, starting months or years into the future and becoming noticeable and known only then.
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Every claim is different from the other, each claim has its own circumstances and situations where they need to be followed up properly and thoroughly. How much you will end up receiving depends on many factors such as:
- The severity and extent of the injuries
- Expenses incurred as a result of the accident, including hospital bills, medication, rehabilitation costs, and any future medical care needs.
- Financial loses; lost wages or loss of earnings
- The pain, suffering and potential losses you’re likely to incur in the future.
Our specialists are here to make sure that maximum compensation is achieved with no stone unturned and will not rest assured until they deemed to have done everything possible.
HOW LONG WILL IT TAKE FOR MY ROAD TRAFFIC ACCIDENT CLAIM TO SETTLE?
Each claim must be considered upon its own merits. We must obtain relevant evidence in relation to the incident to ascertain a form of admission from the third party, these situations can cause delays. Therefore, whilst we are unable to provide a time frame, we do promise to ensure the claim is dealt with in a prompt and professional manner.
WOULD YOU ASSIST WITH REHABILITATION AND TREATMENT?
We are not here only to just recover compensation for the negligence of someone else’s actions, we are here to also ensure that you are adequately looked at, cared for, and made sure that you are on the right path to recovery. Money can only go so far if you are still suffering, so we will do our best to align you with the best medical professionals out there to maximise your chances of recovery.
HOW MUCH WILL IT COST ME TO MAKE AN INDUSTRIAL DISEASE CLAIM?
Most of the claims we handle are on a No Win No Fee Basis. This means that you won’t pay anything upfront and will only pay if your claim is successful at the end. Most legal fees will be covered by the third party and the rest will only be deducted from your compensation award. All this will be formally discussed and agreed with you prior to proceeding forwards with your claim.
WHAT IF THE COMPANY IS NO LONGER IN BUSINESS?
There is a misconception that if the company is no longer in business then you cannot claim, however this is wrong. Under the 1969 Employers’ Liability (Compulsory Insurance) Act, employers are obliged to have a form of insurance policy of which cover any injuries arising from industrial diseases. It is from these insurance policies that remain active and valid from the period of exposure to the employee, and this is where the compensation will be paid from, even if the business is no longer operating.