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Industrial Disease Compensation Claims

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Services in: Industrial Disease Compensation Claims

    • Silicosis Compensation Claims
    • Occupational Asthma Claims
    • Vibration White Finger Claims
    • Hypersensitivity Pneumonitis Compensation Claims
    • Industrial Disease & Illness Claims Guide
    • Occupational Dermatitis Claims
    • Chemical Poisoning Claims
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If you've 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 often put at risk. Our solicitors have helped clients make industrial disease claims following a range of illnesses, including:

  • Respiratory problems, such as occupational asthma or silicosis
  • Vibration white finger
  • Chemical poisoning, which can cause issues such as dermatitis, heavy metal poisoning and allergies.

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

Most of the industrial disease claims we handle are on a No Win No Fee basis, which means there's nothing to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful.

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


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Industrial Disease & Illness Claims - More Information

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.

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.

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.

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.

Yes, even if your employer has gone out of business you could still make a claim. The company will have been insured to deal with claims like this, so it will be the insurer’s responsibility for any compensation payments.

For more information, please visit our page on claiming if your employer has ceased trading.

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.

Our personal injury team deals with thousands of successful claims each year, and our award-winning lawyers are recognised as leaders in their fields.

Meet our team of workplace illness solicitors

testicular cancer

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

Client Story – Barry and Heather Haw

industrial disease

Barry Haw worked as a craftsman at Robert Thompsons Craftsmen Limited for many years, in which time the exposure to wood dust left him suffering from sino-nasal cancer – a rare disease that studies have found is made significantly more likely by such exposure.

Mr Haw became seriously ill in 2006, and sadly died as a result of his cancer in late 2007. We helped Mr Haw's widow Heather claim compensation following her husband's death – find out more about the case.

industrial disease - breathing


"I lost my husband through this awful disease. All that Barry did was go to work in order to provide for his family." - Heather, Mr Haw's widow

ian bailey


“Although this is not a widely known cancer it is something that craftsmen working with wood need to be aware of to allow them to take the appropriate precautions to protect their health."- Ian Bailey, solicitor

Read More Client Stories

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.

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.

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.

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.


Read More FAQs

Related Information - Industrial Disease & Illness Claims

Group Claims - If more than one person has been affected, we may be able to help you bring a group claim
Industrial Illness Claims Guide - answers to some of your frequently asked questions concerning workplace illness claims
Rehabilitation - we can help you access the care and support you need to help with your recovery
Injured At Work Benefits - Our factsheet provides information on the Industrial Injuries Disablement Benefit

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

It's what we call 'expert hand, human touch'.

We have offices around the UK so wherever you are, our experts can help.

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