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Industrial disease

An industrial disease or illness is a condition that develops as a result of being exposed to a dangerous substance in the workplace. Unfortunately there are a variety of industrial diseases/illnesses that can develop as a result of being exposed to dangerous substances in the workplace, the most common of which are detailed below. If you think you have been exposed to a dangerous or hazardous substance at work then one of our qualified and experienced solicitors will be able to assist you in making a No Win No Fee claim for compensation.

It doesn’t matter if your exposure to a dangerous/hazardous substance happened some years ago as often it can take some time before a disease/illness arises or is detected. Quite often (if your disease/illness is not physical) and due to gradual onset of symptoms, it is family members or friends that notice your possible condition first therefore bringing to it your attention.

It also doesn’t matter if a previous employer with whom you believe you were exposed to a dangerous/hazardous substance is no longer trading as we need only locate who their employer liability insurers were at the time of your exposure in order to lodge a claim for you.

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Common industrial diseases, illnesses and conditions

Perhaps the most common industrial diseases that lead to compensation claims are those that cause breathing difficulties, such as:

  • Asbestosis
  • Mesothelioma
  • Asbestos lung cancer
  • Pleural thickening and pleural plaques
  • Occupational asthma
  • Silicosis
  • Pneumoconiosis

 

As well as these, there are a lot of other common industrial diseases such as:

  • Industrial deafness – Noise Induced Hearing Loss (NIHL)
  • Vibration white finger – Hand Arm Vibration Syndrome (HAVS)
  • Dermatitis
  • Carbon monoxide poisoning
  • Tinnitus
  • Carpal Tunnel syndrome
  • Work-related stress

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How long is the time limit for making an industrial disease claim?

Unlike most other personal injury claims, the time limit for industrial disease claims starts only when you have been diagnosed with the condition.

If you are injured following an accident at work, then you have three years from the date of the accident in which to make a compensation claim. For industrial disease claims, you have three years from the date you become aware that your disease could be linked to your work.

This is because many industrial diseases and illnesses can take years to become apparent. In fatal cases, the family of the deceased has three years in which to make a claim – which starts from the date the family member died, or from the date of the post-mortem results which confirmed an industrial disease.

If you have any questions regarding making an industrial disease claim, contact CL Legal today to discuss your options in more detail.

How much compensation for an industrial disease claim?

The amount of compensation payout you receive for an industrial disease claim can depend on a lot of different factors relating to your specific illness, the circumstances in which you contracted it and the ongoing support and rehabilitation you require.

Some of the factors your compensation payout is based on include:

  • Any loss of earnings your disease has caused, and will do in the future
  • What medical and travel expenses you’ve had to pay, and will have to continue to pay
  • What ongoing care, support and rehabilitation you require
  • Any modifications that are needed to your home
  • Any mobility aids you now need to use
  • The level of the pain and suffering the disease has caused

 

Industrial disease compensation payout amounts

Industrial diseases can be extremely debilitating to the sufferer, and can cause life-long problems with their health and well-being – as well as their ability to work.

As such, compensation payouts for diseases like asbestosis and lung cancer can be very high. Some example payout amounts are below, for more information see our personal injury claims payout guide

Asbestos-related payouts

The compensation amounts listed below are examples of compensation for asbestos-related diseases and are commonly awarded for the areas described.

SEVERE
£50,000 – £1,000,000 +
Level of damages will be affected by age, scarring, ability to work and effect on life expectancy.
Mesothelioma, Asbestos Lung Cancer or Severe Asbestosis causing serious disability where progression leads to premature death.

MODERATE
£10,000 – £50,000
Disease having impact on lung function which results in breathing difficulties and has an effect on physical activity, social and working life. At the lower end of this bracket are bronchitis and wheezing.

MINOR
£1,000 – £10,000
Slight chest problems which resolve within a few months. They include breathlessness and cause aggravation to an existing condition such as bronchitis.

 

Industrial deafness payouts

£50,000 to £70,000 – Complete hearing loss in both ears (depending on speech defecit or possible tinnitus)

£17,500 to £29,000 – Complete hearing loss in one ear (depending on tinnitus as an associated condition)

£16,000 to £29,000 – Serious hearing loss with severe tinnitus

£8,000 to £15,000 – Moderate tinnitus and/or hearing loss

£4,000 to £7,000 – Slight or occassional hearing loss and/or tinnitus

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Can I claim if I am still employed by the company?

If you would like to make an industrial disease compensation claim against your current employer, then any compensation amount will be paid out by the insurance company. It is compulsory for businesses to have insurance, so it is very unlikely that the company would have to pay you directly if your claim is successful.

If you are concerned that making a claim may lead to you being sacked, then there are legal safeguards in place to protect you from an 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 have any questions about making an industrial disease claim, or would simply like to know more, then get in touch with CL Legal now

Call now: 0151 225 0197

Contact our expert personal injury solicitors today