Any disease caused by work is known as an industrial disease; in many cases workers are able to claim for industrial diseases.
There are a wide range of diseases relating to exposure in the workplace, including asbestosis, occupational deafness, occupational asthma, carbon monoxide or gas poisoning, hand arm vibration syndrome, vibration white finger, repetitive strain injury, and chronic obstructive pulmonary disease. These conditions and diseases can often be avoided through training and the use of personal protective equipment.
Your employer has a duty of care to you and if it can be proved that you suffered any of these conditions because of failure in this duty on the part of your employer, you may be able to make a claim for industrial disease. Usually the claim should be made within three years; however, if the period is longer then it may still be worthwhile seeking advice about making an industrial disease claim.
In order for you to be able to make a claim for industrial disease it needs to be proved that there is a link between the environment you worked in and your condition. In order to prove this link exists you will need legal advice. Here at Accident Advice Helpline we have proven expertise in dealing with industrial disease claims.
The medical reports relating to your industrial-related illness or condition will prove invaluable as we assess your case and put your claim together. We will also need to be able to show that your condition was caused as a result of your employer failing to fulfil their duty of care towards you.
It could be that you may have qualms about making an industrial disease claim against your employer, especially if you had a good working relationship; however, it is in your own best interests to pursue your claim and in the interests of the future safety of other employees. The disease may already have caused you much suffering. You may have suffered financially due to having to take time off work or through having to pay prescription charges or travelling to and from treatment; furthermore, your illness may be progressive and need further treatment. A successful compensation claim may provide the funds to cover such costs.
It should also be remembered that employers are obliged to carry insurance and any compensation will be paid by the insurance provider. Even if the firm where you worked and picked up the condition has gone out of businesses, you will still be able to claim compensation; our solicitors will be able to make a claim on your behalf against the company’s former insurers.
Based on our findings we will be able to inform you whether you do have grounds for a claim for industrial disease. If there are grounds we will also include details about future health requirements in the claim, as this could influence the size of any award. What’s more, you need not worry about the cost as we work on a no-win, no-fee basis.
Date Published: October 14, 2013
Author: David Brown