Industrial Disease Claims
At AWH Solicitors our experts in industrial disease claims are ready to take on your case and help you claim compensation for your deteriorated health conditions.
With years of experience our industrial disease experts and solicitors know the legal system inside out, so you can feel safe in the knowledge you are in the best hands.
As these cases can be incredibly complex we are happy to answer any questions you may have by phone or mail, so please get in touch today.
We can help you assess if you have a claim for industrial disease and explain the process in a straight forward manner without any of the legal jargon.
Industrial Disease and Personal Injury Claim
Work related illnesses usually fall under the industrial disease category whereas a work related hazard would relate to events such as trips, injuries or fatalities caused by safety hazards.
A work related accident leading to injury would generally be taken on by our personal injury solicitors instead of our industrial disease solicitors.
Personal Injury Claims for Work Related Hazards
Work related hazards are most prevalent on construction sites, in factories and within the agriculture industry.
AWH Solicitors have the expertise to take on either type of claim, with our specialised personal injury solicitors and industrial disease solicitors all in one place.
Did you have an accident at work that has led to a debilitating injury? Get in touch and see if you have ground for a compensation claim today.
The Industrial Disease Claims Process
If you or someone close to you is considering claiming compensation for an industrial disease then please get in touch.
To help you understand the process for claiming compensation in cases of industrial disease a little better we have answered some of the most commonly asked questions.
What is industrial disease?
Industrial disease usually refers to any illness or condition caused or made worse by work.
There are various types of industrial disease you may be able to claim compensation for.
There are also many factors we look for when deciding whether to take your case or not, however we would typically accept claims for:
- Hearing loss
- Vibration white finger or hand arm vibration syndrome
- Repetitive strain injuries, including tennis and golfers’ elbow
- Back injuries
- Occupational asthma
- Skin conditions such as eczema
- Exposure to hazardous substances
- Asbestos related illness
Please note this list is non-exhaustive and we do cover a wide range of industrial disease claims.
If you wish to see if your condition has been caused by work and if you have a claim, please contact us today.
How do I claim for industrial disease?
At AWH Solicitors we understand that making a claim for industrial disease can be quite daunting, which is why we tailor our claims service to suit your needs.
Our specially trained legal experts will discuss the details of your circumstances before advising you on what next steps to take.
If we do decide you have grounds for an industrial disease claim, we will analyse the details and inform you within 24 hours if we will be able to proceed with your claim.
Once the claim has been set up we will send someone out to you with the paper work so that you can discuss any concerns with them before signing up and proceeding with your claim.
What industrial disease can I claim for?
From asbestosis and mesothelioma to vibration white finger and repetitive strain injury, there are many different industrial diseases and work-related health conditions you may be able to claim compensation for.
A compensation claim can be pursued if your health has suffered as a result of employer negligence.
If you have sustained an injury or if you developed a health condition because your employer failed to implement adequate measures to reduce and control health and safety risks present in the workplace, the employer can be held accountable for any health or financial setbacks you suffer as a result.
Is there a time limit for pursuing a compensation claim?
Certain industrial diseases can take years to develop.
This is particularly true for asbestos related disease and hearing loss.
As a result, there could be decades between a person being exposed to toxic substances and that person falling ill or displaying symptoms.
You generally have three years to proceed with a claim for compensation.
This time limit can start from the date of the accident or the date of knowledge, which is when a person becomes aware that their health has suffered because of their work or working environment.
This means that people with such work-related conditions are still able to pursue a claim long after that initial three year time period.
There are other exceptions to the three-year time limit, such as for people under the age of 18 or people with a mental disability.
If you are unsure if you can still claim, contact our solicitors for an assessment of your situation.
How long will the claims process take?
The time it takes to settle a claims process can differ from person to person. However, our solicitors are committed to resolving your claim on the best possible terms as quickly and efficiently as possible.
It is important that you are aware that some cases can take months or even years to settle or go to court. This would generally be a possibility if a conflict arises between the parties.
A case also cannot be settled if the claimant has continuing injuries and is awaiting a final prognosis. However, our solicitors will always work hard to secure you the best possible result in the best possible time.
Will I have to go to court for my industrial disease claim?
The vast majority of industrial disease claims do not reach court and are settled before a date is even set.
If an agreement cannot be reached, it may be necessary to attend court.
Your solicitor will work hard to guide you through the claims process and advise you every step of the way.
What are high risk industries for industrial disease claims
Sometimes it can be hard to establish whether work has caused or worsened a condition. That is why we have broken down some of the most common industries that are likely to cause each form of industrial disease:
Noise induced hearing loss
- Coal mining
- Steel/metal work
- Textiles (please note we do not take on cases involving exposure to sewing machines)
Occupational asthma and other breathing conditions
Occupational dermatitis and other skin conditions
- Bar work
Vibration white finger(VWF)
- Road work
- Metal work
- Coal mining
- Any job that involves the use of vibratory tools
Repetitive strain and back injuries
- Assembly line work
- Warehouse work
- Typist jobs
What evidence will I need to provide to support my industrial disease claim?
Back and repetitive strain injuries
Conditions such as back injuries and repetitive strain injuries can require additional evidence to prove the condition was caused during work.
Such evidence can include for example entries into company incident and accident log books.
It is also important to keep a note of the tasks you are carrying out that has caused a back injury or RSI. this could include the weights of objects you may be moving or lifting and the number of times you are performing certain tasks.
Occupational asthma and dermatitis
Other prevalent industrial diseases are occupational asthma and occupational dermatitis.
Asthma and dermatitis are common conditions, and can be caused both in and out of the workplace.
That is why you must be able to prove that your condition has been caused or exaggerated by your working conditions.
It may be worth thinking carefully what may have triggered a reaction, and when you are experiencing worsened symptoms. For example, is your condition likely to be worse or better during annual leave.
Occupational hearing loss
The most common kind of industrial disease is noise induced hearing loss.
Because limitation rules aren't as strict in these cases you generally have more time to bring forward your claim.
In these type of cases a hearing test would be required to physically prove that your hearing loss is present and is related to your previous working history.
Asbestos Related Conditions
People most at risk of contracting a condition related to asbestos are those who have worked in the construction or trade type industry.
However, it is entirely possible for friends and family members of those workers exposed to asbestos to fall ill as the asbestos dust could have easily travelled home on clothes and equipment.
Industrial disease claims for asbestos related conditions can differ slightly from other forms of industrial disease.
Getting a Diagnosis for an Asbestos Related Condition
We would always advise to visit your GP before considering making a claim. A formal diagnosis will be the start of your compensation process and it may also put your mind at ease.
Our dedicated team of asbestos solicitors have years of experience winning compensation on these types of intricate claims, and they can help you reach a successful outcome too.
The following conditions are forms of asbestos related disease you might be able to claim compensation for:
- Pleural Thickening
- Lung Cancer
Please note that you can no longer claim compensation for pleural plaque under English law.
Our Industrial Disease Claims Process
Once the sign-up process has taken place and you have discussed any concerns you may have with our solicitors we will firstly go ahead and take your witness statement. This is simply your full account of events, which can include such details as the type of machinery that you have been operating in the workplace.
Depending on the type of claim you are making, you may also be required to attend a medical examination such as a hearing test.
There is no need to worry about this as we can send someone to your area for any health checks required if you are unable to travel to a health care centre yourself.
It is rare that industrial disease claims do go to trial. This means it’s unlikely that you will have to attend a court hearing.
However, in the unlikely event that your case does go to court, our solicitors will be by your side every step of the way.
Find out how we can support you with your industrial disease claim today.
What to Consider when making an Industrial Disease Claim
If you are thinking about making a claim for industrial disease there are a few things to consider.
Firstly, have you spoken to your employer about your illness?
If you have not, you are recommended to do so as that will enable them to make reasonable adjustments to prevent future harm to you or your colleagues.
Secondly, have you visited your GP for a diagnosis?
It may not always be essential, but a diagnosis can aid a compensation claim for industrial disease. This diagnosis will generally be the first piece of evidence used for bringing your claim forward.
Find out what you need to do first by getting in touch with our expert solicitors on 0844 414 0667 or by sending a quick call back request.
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