The workplace can unfortunately lead to workers suffering from what are known as industrial diseases, which are diseases that can be attributed directly to the jobs performed and the conditions in the workplace. These industrial diseases include asbestosis, vibration white finger, repetitive strain injury, tinnitus, industrial asthma, COPD, and carbon monoxide poisoning; this list is by no means exclusive. Employers have a duty of care to the workforce and if someone suffers an illness because this duty of care was not observed then he or she may have the right to make an industrial diseases claim.
The duty of care demanded from employers under the UK’s health and safety regulations means that they should seek to eliminate as many risks to health as is practicably possible. This means that safety equipment and clothing should be issued when necessary; however, the employees also have a responsibility to use this equipment and clothing. When employers fails to meet the expected health and safety standards and your health suffers because of it, you may well have a strong case to make an industrial diseases claim.
If you believe that your disease has been caused by your work, you should take action as soon as possible. This should be within three years of you suspecting that your condition might be work related; however, even if this time period has passed, it is still worth you seeking expert legal advice.
Anyone who believes they may have grounds for a claim for industrial diseases should make contact with a solicitor as quickly as possible. At Accident Advice Helpline we have solicitors experienced in dealing with this type of claim.
If you choose to use our services, we will use our expertise to determine whether you have grounds for such a claim and whether your employer failed in the duty of care. If you do have grounds for an industrial diseases claim, we will begin putting together the evidence to prove that this is indeed the case.Open Claim Calculator
Crucially, we will determine the effect your employment and working environment has had on your health and whether there will be any future negative impact. This is very important because the seriousness of your condition can determine the size of your compensation award should the claim meet with success. The compensation may well take into account the likely costs of any future treatment, any special equipment or medication that might be required, the injury and pain you have suffered, and the loss of earnings caused by your work-related disease.
The claim will be made against your employer, with any compensation award likely to be met by your employer’s insurer; under UK law, each company has to hold indemnity insurance. If your employer admits liability, the insurer may pay compensation. If the amount offered is inadequate or liability is denied, the claim is likely to go before the courts; we will also provide representation for you in the courtroom. Our representation is performed on a no-win, no-fee basis.