Personal Injury Claims

Industrial Disease Compensation Claims

If you have suffered from a work related illness, our solicitors could help you claim industrial disease compensation.

Under the Health and Safety at Work Act, your employer has a duty of care to you as an employee, and must protect you from any health risks in the workplace. This can be done through providing training on risks, ensuring you have enough breaks to avoid working in the same environment or on the same task for too long, or providing personal protective equipment (PPE).

Unfortunately, failure to follow best practice is common, and workers are put at risk of a number of conditions due to employer negligence. Our lawyers have helped clients make industrial disease claims following a range of illnesses, including:

However, this isn't an exhaustive list – there are many conditions than can be caused by employer negligence. If you've developed a work related illness, you could be able to claim compensation.

Contact us today on 0800 056 4110 for a free consultation on your case, and we'll offer our advice on whether we think you could make an industrial disease claim.



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  • Mark Allen
  • Associate Director
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Industrial Disease & Illness Claims - More Information
    • How Much Compensation Can I Expect?
    • How much compensation you receive after a work-related illness will depend on a few factors related to your illness, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim is based on:

      • Current and future loss of earnings
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Modifications to your home
      • Mobility aids
      • Your pain and suffering

      For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • How Long Do I Have To Make A Claim?
    • Usually you need to make a compensation claim within three years of becoming aware that your illness might be linked to your work.

      In fatal cases, the family of the deceased has three years to make a claim, starting from either the date your loved one died, or the date you received the post-mortem results.

      If your illness occurred while working outside of the UK, then the time limit can be shorter. In this instance, it's vital that you contact us as soon as possible.

      If you have any concerns or questions about the time limit for claiming compensation, call our team today on 0800 056 4110 for free initial advice and to talk through your options.

    • Can I Get Early Compensation Payments?
    • Early compensation payments, also known as interim payments, are made in advance of any final settlement. They’re only made in an agreement with your opponent, if they admit that they're responsible for your illness.

      Interim payments can be used to replace lost earnings, so you can afford to pay essential bills if your illness has meant you’ve been absent from work, as well as covering the cost of specialist medical care or mobility equipment.

      We'll work hard to get an early admission of fault, and also to obtain early compensation payments to relieve any immediate financial pressures you’re feeling.

    • Will I Lose My Job If I Claim Against My Employers?
    • If you wish to make a claim against your current employer, then any compensation would be paid by their insurer. It has been compulsory to have insurance for many years, so it’s highly likely that they will have this in place. There are also legal safeguards in place to protect you from unfair dismissal.

      This basically means that your employer must be able to justify their reason for dismissing you in relation to your claim, which is highly unlikely. If you want to discuss this subject in more detail, our workplace illness solicitors will be able to talk you through your rights and what you can expect.

Your encouragement and advice to pursue the claim was good and we are both grateful for your support. Thank you again for your diligence and support throughout the process."

Don, client
testicular cancer

Frequently Asked Questions

How Should My Employer Have Protected Me From An Industrial Disease?

The Health and Safety at Work Act dictates that your employer must protect you from health risks in the workplace.

Failure to do so can result in a range of injuries, diseases and health conditions. To adequately protect their employees, employers should:

  • Provide adequate training in the work their employees are doing, with specific focus on any risks involved
  • Provide information on how to work safely in regard to these risks, and what to do in the event of an accident or injury
  • Provide personal protective equipment (PPE) or respiratory protective equipment (RPE) if required
  • Ensure any PPE or RPE is fit for the task, and that it's well maintained
  • Ensure employees can take regular breaks, or rotate to different tasks
  • Monitor the health of their employees

If your employer has failed to do these things, particularly if you've asked them for support and been rejected, then you could be able to claim compensation. If you have any questions about an employer's specific obligations around a certain kind of work, or any questions about our services or the claims process, contact us today on 0800 056 4110 for a free consultation.

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What's The Process For An Industrial Illness Claim?

Our aim is to make the claims process as simple as possible for our clients, and we handle every aspect of your case so you can focus on getting through a difficult time.

To get a claim started, all you need to do is contact us online, or call us on 0800 056 4110 for a free consultation. We'll discuss your condition, and the working environments that you think may have caused it, and we'll advise on whether we think you can make a claim for compensation.

There's no obligation to carry on with us after that consultation, but if you do you can be sure of compassionate advice that puts you and your family first, in plain English and without any legal jargon. Once your claim is underway, it will usually follow these four stages:

Stage One: Information Gathering

You'll have a medical examination with a specialist in your illness.

We could also investigate HMRC employment records, talk to co-workers, or request access to accident reports from your workplace. Previous judgements or case precedents linking conditions to working environments may already exist, which can also be helpful – find out more about the common causes of workplace injuries that we could be able to help you claim for.

If your former employer has gone out of business, we have a proven track record of finding their insurers, who will still be liable for your compensation.

Stage Two: Rehabilitation

If you have any medical care or support needs as a result of your illness, we'll identify exactly what these are and help you access them conveniently, from a provider close to your home.

Although an industrial disease may be incurable, there are often medications and physical therapies that can help make symptoms more manageable, and we can help you access these.

Stage Three: Compensation

We'll calculate how much compensation you deserve based on a few factors, including:

  • The severity of your condition
  • Medical expenses you’ve had to pay, or will have in the future
  • Your occupation, and the impact your condition will have on your ability to work
  • Your pain and suffering

We'll then put the case to your employer (or former employer). They may accept blame early on, or could challenge the findings, which would result in the claim being settled in court. Most claims settle out of court – but if you do have to go to court we will be there to support you.

Stage Four: Conclusion

When your case concludes, you'll be awarded compensation if you're successful. Our fees will mostly be paid by your opponent, with a portion of your compensation settlement covering the rest.

If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you were unsuccessful.

If you have any questions about the claims process, or any aspect of our services, please contact us today on 0800 056 4110.

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Why Choose Irwin Mitchell For An Industrial Disease Claim?

As one of the UK's largest personal injury firms, we have extensive experience in helping workers claim compensation from their employers, whether past or present. Our work has seen us involved in a number of high profile cases:

  • The lead firm in the British Coal vibration white finger cases, helping hundreds of industrial workers claim for damage sustained through overuse of vibrating tools.
  • Involved in a claim against British Coal, Coal Products Limited and National Smokeless Fuels Limited on behalf of over 350 former coke oven workers, and have pushed for better protections for workers in these areas.
  • Helped hundreds of former British Telecom (BT) employees claim compensation for noise-induced hearing lossacoustic shock and tinnitus.

Claiming against an employer, even a former employer, can seem daunting, so it helps to have the experts on your side – someone who's used to dealing with companies both large and small, and their insurers, and can guide you through the whole process.

We act on behalf of a number of trade unions, but we can still help you make a claim if you're not a member of one. Our clients have worked in a range of industries and job roles, including (but not limited to):

  • Agriculture
  • Assembly line workers
  • Call centre workers
  • Construction
  • Demolition
  • Engineering
  • Garment workers
  • Glass manufacturing
  • Machinists and hand-tool operators
  • Manufacturing
  • Mining
  • Paving
  • Personal care
  • Pottery and ceramics
  • Sand blasting
  • Service industry
  • Stone masonry and cutting
  • Telecoms
  • Typists
  • Warehouse packers
  • Welding

We believe passionately that workers have the right to expect to be kept safe from harm at work. If your employer hasn't protected you from risks in the workplace, we'll fight for the compensation you deserve.

Helping you gain access to rehabilitation treatments that support you in dealing with your illness is also an essential part of our service, and our dedication to making sure our clients get the medical support they need has seen us win the Claimant Solicitor of the Year award at the Post Magazine's Rehabilitation First Awards seven times.

If you have any questions about our services, the claims process, or whether you can claim, contact us online or call us on 0800 056 4110. We'll be happy to help with a free, no-obligation consultation, where we’ll discuss your case and offer our expert advice on what your options are.


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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

 

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Working alongside charities.

We're registered as approved solicitors with a number of leading national charities, including The British Tinnitus Association and Macmillan Cancer Support.

We're also proud to work with Mesothelioma UK, who campaign for more awareness around this cancer caused by asbestos exposure.

We consider rehabilitation to be as important as financial compensation - a commitment that has also seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

As well as fighting for the right compensation for you, we can also help you to access the support and help you need to recover or come to terms with your illness.
For more information, visit our rehabilitation and support pages.

 


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