According to the Health and Safety at Work Act, every employer has a duty of care for their employees and is responsible for providing a workplace environment that’s safe, healthy and free of hazards. Unfortunately for some, not all employers meet all the requirements of this responsibility. It’s not uncommon for employers to neglect these rules and fail to fulfil the safety and wellbeing standards we expect to be in place in the modern workplace. This can lead to a range of industrial diseases and illnesses, and in many cases, you may be entitled to compensation.
If this sounds all too familiar to you, it’s crucial to know how to claim for industrial diseases. In this post, we’ll be exploring this exact topic and providing essential information you need to know before making a claim.
What is an industrial disease claim?
An industrial disease is a condition or illness that stems from unsafe working conditions or exposure to harmful substances in the workplace. Industrial disease claims can also encompass long-term illness and both minor and major injuries that occur because of employer negligence or poor workplace practices.
If you suffer from a long-term condition or illness caused by your work, you may be entitled to claim. As mentioned, the Health and Safety at Work Act 1974 states that employers have a legal duty to keep employees safe. Failing to do so and causing employee conditions and injuries can significantly impact a person’s wellbeing, career, earning ability, and even lifespan. An industrial disease claim seeks compensation to offer people in this situation financial stability and a sense of justice for their suffering.
Common examples of industrial diseases
With the help of our professional industrial disease solicitors, you claim for the following conditions and injuries:
- Respiratory diseases including Asbestos-related diseases, Silicosis, Chronic Obstructive Pulmonary Disorder, Carbon Monoxide Poisoning, or occupational asthma.
- Cancers caused by inhalation or absorption through the skin of fumes and dust.
- Hearing loss claim including acoustic shock, hearing loss due to noise, tinnitus, etc.
- Repetitive strain injury including carpal tunnel syndrome, bursitis, ulnar neuropathy, Tennis Elbow, and Tenosynovitis.
- Hand Arm Vibration Syndrome Claims (previously called Vibration White Finger) including vibration-induced Carpal Tunnel Syndrome
- Whole Body Vibration Syndrome.
- Chemical Poisoning.
- Occupational Dermatitis.
What you should know before starting industrial disease or personal injury claims
If you’re thinking about starting a claim for industrial diseases, there are a few important things to be aware of first:
Can I claim against a business that has closed?
Indeed, you can! Suppose you discover that you are suffering from symptoms of industrial disease, but your former employer is no longer in business. In that case, you may still be able to make an industrial disease claim. The business should have Employer’s Liability Insurance, and their insurance company should pay your industrial disease compensation. Our solicitors will track down the related insurance company and help you get the compensation you deserve.
You can claim for diseases years after symptoms appear
As with many conditions and diseases, symptoms can take a long time to appear or cause enough discomfort to be noticeable. Meaning it would be a tad unfair if you missed a window of opportunity simply because symptoms are yet to manifest themselves. If you have noticed symptoms of industrial disease but it has been a while, even years since you have been in the workplace (or a specific workplace) — don’t worry, you can still claim.
Claim up to three years following a diagnosis
Of course, it’s important to know how to claim for industrial diseases but it’s also crucial to know when you can claim. Once you have a clear diagnosis for your condition and injury from a medical professional, you have up to three years to begin the claim proceedings.
Keep medical records as evidence
Following on perfectly from our previous point, it’s essential to keep medical records and statements from doctors/specialists as evidence. These will prove to be vital during the investigative stages, helping to shed some light on your suffering and the cause of it. Additionally, it’ll save you and your solicitor lots of time digging up the information yourselves.
You can claim on behalf of someone else
In many cases, the sufferer of industrial disease is too ill or simply lacks the capacity to claim for themselves. In such situations it’s common for another person, usually family members, to claim on their behalf. So, if you have a family member or close friend who suffers from a condition or injury caused by their working environment, you are entitled to claim on their behalf.
Claim on a no win, no fee basis
Here at OH Parsons, we handle all industrial disease claims on a no win, no fee basis. This means our clients do not pay a penny up front, and if their claim is unsuccessful, we do not charge at all. Our goal is to help people and set wrongs right; therefore, taking people’s money without helping them simply does not sit right with us.
Industrial disease claims with OH Parsons
OH Parsons is a leading law firm with a fantastic reputation for winning industrial disease claims. Our solicitors have fought such cases for decades and helped clients gain rightful compensation for injuries and losses.
Our industrial disease lawyers secure millions of pounds as compensation for our clients each year. Get in touch today to discuss your case with us. Call 020 7379 7277 or email us at [email protected]