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Industrial Disease Claims

Industrial Disease & Illness Claims Guide

If you've developed an industrial illness or injury at work then you may be able to claim industrial disease compensation. Our solicitors have a proven track record in helping our clients claim compensation for work-related accidents, illnesses and injuries that have been caused by negligence on the part of their employer.

Claiming against an employer can be a daunting prospect, so we aim to make the process as simple as possible for you, handling every aspect of your case and providing you with expert advice and support every step of the way.

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. You can make a claim against a current or former employer, provided they were responsible for your condition.

If you are thinking of making a claim, have any questions on how a claim works, or just need some advice on your options, contact us online, or call us on 0800 056 4110 today for a free initial consultation. Alternatively, read answers to some of our frequently asked questions below.

How Do I Make A Claim For Industrial Disease Compensation?

To get a claim started, all you need to do is contact us on the number provided above. If we think you have a case, it will usually follow these four stages:

1. Investigation. You'll have an examination with a medical specialist and we'll investigate the factors in your working environment that caused your condition. We'll also need to be sure that your illness is definitely work-related – learn more about how we do this.

2. Rehabilitation. If you have any medical care or support needs, we'll work out what these are, and help you access them from a provider close to your home.

3. Compensation. We'll work out how much compensation you need, and put the case to your employer (or former employer) and their insurers.

4. Conclusion. You'll be awarded compensation if your claim is successful.

Find out more about claiming for a specific condition.

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How Much Compensation Can I Expect?

How much compensation you can claim will vary depending on your individual circumstances and a number of different factors, including:

  • Your condition, and its severity
  • Current and future loss of earnings if you've had to stop working in the short or long-term
  • Medical expenses you've had to pay, as well as travel expenses to any appointments
  • Your care and support needs – both now and in the future
  • Modifications to your home
  • Mobility aids
  • Your pain and suffering

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Will I Lose My Job If I Claim Against My Employers?

There are legal safeguards in place to protect you from unfair dismissal, so if you make a compensation claim, your employer must be able to justify their reason for dismissing you in relation to your claim, which is highly unlikely. You can read more about these safeguards, but if you want to discuss this subject in more detail then our workplace illness solicitors will be able to talk you through your rights and what you can expect – call us today on 0800 056 4110.

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Will My Employer Go Bankrupt If My Claim Is Successful?

When you make a claim against your employer, any compensation would be paid by their insurer. It's been compulsory to have Employer's Liability Insurance for many years, so it’s highly likely you’re your employer will have this in place, to protect them in exactly this sort of situation.

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What If My Former Employer Has Ceased Trading?

Because compensation is paid by an insurer rather than out of the company's own pockets, it's possible to claim compensation even if your former employer has gone out of business – find out more about this process.

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What Are The Time Limits On Making A Claim?

Some industrial diseases, such as silicosis for example, take many years to fully develop, so it's important to remember that time limits on making a claim aren't from the date you were exposed to a harmful substance or carried out work that led to an injury further down the line.

You usually have three years to make a claim from the date you realised your illness might be related to work, though there are some exceptions – learn more about the time limits on making a claim.

However, if you’re making a claim due to working conditions from many years ago, we’ll need to prove that these conditions are to blame for your illness – find out more about how we do this.

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Can I Claim If I'm Self-Employed, Or A Contractor?

You can't claim compensation if you're self-employed, as you'll be responsible for your own health and safety while working. However, if your illness or injury occurred because of work you did as a contractor or sub-contractor, and you can prove that another person was in control of your work and working environment, then you might be able to claim if you can prove they're liable for your condition.

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Will I Have To Go To Court?

When we put our case together, your employer (or former employer) can either accept blame early on or challenge our findings. If they disagree that they're responsible, the claim will have to be settled in court.

Most claims do settle out of court. However, on the rare occasion that you do have to go to court, we'll be there to represent and support you.

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Can You Help If I Develop An Industrial Disease Contracted While Working In Scotland?

Yes, our Scottish personal injury lawyers can help if you’ve developed an industrial disease after working in Scotland. We’ve helped many people from across Scotland to claim compensation for a range of industrial diseases, including occupational asthma, noise-induced hearing loss and tinnitus. Read more about making a personal injury claim in Scotland

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Contact Us

If you have any more questions, don't hesitate to contact us online, or call us on 0800 056 4110. That first conversation is a free consultation, with no obligation to go any further – we can discuss your case, you can ask any questions that you have, and we'll offer our expert advice. You're then free to make up your own mind on your next steps.

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