Industrial Disease Compensation Claims Solicitors

What is an industrial disease?

An industrial disease is commonly described as a condition or illness caused by exposure to toxic or dangerous substances, poor workplace practices or unsafe working conditions.

Examples of industrial diseases include respiratory, lung and skin diseases as well as vibration injuries, where the lack of the right protective equipment has led to a repetitive strain injury.

You can find a full list of the types of industrial disease claims we deal with below.

Types of industrial and occupational diseases

Regular exposure to hazardous conditions or toxic substances in the workplace, significantly increases the risk of developing serious, potentially life-altering illnesses or long-term disabilities.

At Wolferstans, our solicitors may be able to help you, if you are suffering with any of the following Industrial diseases and work-related conditions:

Respiratory and lung disease claims

If you have developed a respiratory or lung disease as a result of workplace conditions, our expert team is here to assist you in making a claim.

Conditions such as silicosis, asthma, asbestosis, mesothelioma, diffuse pleural thickening and lung cancer can arise from prolonged exposure to irritants like dust, asbestos, silica, and fumes.

Industries such as construction, shipbuilding and ship repair, heating and ventilation, coal mining, textiles, welding, smelting, pottery-making, and plastics manufacturing as well as trades such as electricians, plumbers, and carpenters are known for working environments that may contribute to these serious health issues.

Examples of associated conditions include:

• Asbestosis
• Asthma
• Lung Cancer
• Silicosis
• Mesothelioma
• Diffuse pleural thickening

Vibration injury claims

Using vibrating tools in the workplace can lead to a condition known as vibration injury, which is a common industrial issue. This type of injury typically results from frequent exposure to power tools and vibrating machinery. Over time, it can cause discomfort or even serious problems, affecting the nerves, muscles, blood vessels, and joints in various parts of the body.

Examples of associated conditions include:

• Vibration white finger (VWF)
• Hand arm vibration syndrome (HAVS
• Carpal tunnel syndrome (CTS)
• Whole-body vibration (WBV)

Skin disease claims/ Occupational dermatitis

Exposure to irritants in the workplace—like chemicals, dust, or glues—can result in painful skin conditions that may lead to lasting health complications. In extreme cases, these reactions can become life-threatening, with some workers experiencing severe anaphylactic shock that can be fatal.

Examples of associated conditions include:

• Industrial dermatitis/ eczema
• Latex allergies

Chemical poisoning

If you came into contact with hazardous chemicals and other noxious substances in the workplace, your risk of contracting a severe illness or injury may have been significantly increased.

Examples of associated conditions include:

• Dermatitis
• Asthma
• Allergies
• Burns
• Internal organ damage
• Respiratory problems
• Illnesses such as leptospirosis or legionnaires
• Cancer

Hypersensitivity pneumonitis

Hypersensitivity pneumonitis is a condition triggered by inhaling harmful substances such as bacteria, fungi, animal proteins, plants, and chemicals.

Those particularly at risk include farm workers, animal handlers, machinists, and metal workers.

Stress at work claim

It’s your employer’s responsibility to monitor and address work related stress, especially if it’s been brought to their attention that it’s having a negative impact on your health.

You may be entitled to make a claim for stress at work compensation if you’ve raised concerns and they fail to take appropriate action, especially if you end up suffering significant mental or physical health issues.

Industrial deafness

Industrial Deafness, also sometimes known as Occupational Hearing Loss or Noise-Induced Hearing Loss (NIHL),is a condition that often affects those people who work in industries associated with prolonged periods of loud noise, such as construction, manufacturing and military training environments.

Examples of associated conditions include:

• Hearing Loss
• Tinnitus

If your hearing has suffered as a result of your working conditions, or lack of proper protective equipment, then you may be able to make an industrial deafness compensation claim.

Repetitive strain injury (RSI)

Repetitive Strain Injury (RSI) is a chronic condition that affects the musculoskeletal and nervous systems.

It commonly affects people who are overusing a specific part of the body or maintaining the same position for prolonged periods in the workplace, whether sitting, standing or using tools.

Silicosis/ pneumoconiosis

Pneumoconiosis is a collective term that’s commonly used for a group of lung diseases caused by inhaling dust, which leads to scarring of the lung tissue (fibrosis).

Silicosis is one of the most common types. It is caused by inhaling silica dust, which is often found in industrial work environments such as cutting, drilling, and grinding.

This is a surprisingly common industrial disease and the effects of inhaling silica are thought now to be “the new asbestos”. It causes the most numbers of industrial deaths in the construction industry. Our team have a great deal of experience in handling silicosis compensation claims, so if you need some advice – call today to speak to a specialist.

Make an industrial disease compensation claim

Your employer has a legal duty of care to protect your health while in the workplace. If they failed to do this, and as a result you believe you have developed an illness, disease or other health condition as a result of your working conditions, you may be able to make a claim.

Industrial disease claims are often complex as evidence will be required to demonstrate a clear link between the illness and your workplace.

As the symptoms of industrial diseases often take many years to manifest themselves, we understand that the situation that led to your current condition may have taken place many years ago.

Our experienced team of expert industrial disease solicitors have many years of experience in dealing with claims of this type and we have an established process that will help us build the strongest case possible on your behalf.

To start your claim, or to discuss whether you potentially have a case, contact our team today for a free consultation.

Whatever the outcome of this conversation, there will be no obligation to pursue your claim with us!

We understand how important it is that you are able to obtain the maximum possible compensation so that you and your family are properly supported.

Our team will work to ensure that this process is as simple and straightforward as possible and that your needs are given full consideration on every step of this journey.

The industrial disease claims process

The exact process of applying for industrial disease compensation will vary from case to case, however the steps below will generally apply:

Free initial consultation

After contacting us, a free consultation will be arranged between yourself and a member of our expert team.
This will give you an opportunity to tell us about your circumstances and we’ll be able to get a better understanding of your situation.

Review

Our specialist solicitors will review the initial details of your case and advise you on whether you could make a claim.

If we believe you potentially have a successful claim, we will then discuss funding options.

The majority of our Industrial disease claims are made using a no win no fee agreement, so there’s no fee to pay upfront and if your claim is unsuccessful, there will be nothing for you to pay.

Investigation and collection of evidence

Our team will seek to prove that your illness or condition was caused by the negligence of your employer(s) and look to identify the specific circumstances within your workplace that caused your current health problems.

Medical assessment

We’ll organise a medical examination for you with a recognised specialist, providing key evidence, linking your illness or injury with your working conditions.

Compensation

A Letter of Claim will be sent to your employer (or former employer) and their insurers, explaining why we consider them to be at fault.

Court hearing

If a suitable settlement can’t be negotiated, a court hearing may be required to bring your case to a conclusion and you’ll be awarded compensation if your claim is successful. However, this is extremely rare and over 95% of cases are settled without a court hearing.

How much compensation can I get for an industrial disease claim?

As a rough guide, compensation amounts for lung diseases which do not threaten life expectancy typically range from £25,000 to £80,000. Where a disease has caused or will cause premature death, awards usually exceed £100,000 and can be many hundreds of thousands of pounds or into seven figures.

In broad terms, the more serious your condition is, the more compensation you are likely to receive.  It is difficult to estimate how much compensation you would receive for your industrial disease claim, without knowing all the details of your case, but the amounts will vary depending on factors such as the following:

• The type of disease/ condition you have and its severity
• The long-term impacts on your life
• General pain and suffering
• Medical expenses.
• Travel expenses
• Modifications to your home
• Your current and future care and support needs
• Any current and future loss of earnings
• Mobility aids you may need

Once you’ve spoken with our team, they will be able to give you a better idea of the potential value of your claim. We will always be honest and open about your chances of success and how much compensation you might receive.

Rest assured; our expert team of specialist solicitors will always seek to obtain the biggest settlement they possibly can.

Can I make an industrial disease claim for a loved one who has died?

Our solicitors have years of experience in assisting the families of loved ones to make a claim for compensation on their behalf, if they have recently passed away as a result of an industrial disease.

If you have lost a relative or loved one to an industrial disease, we appreciate that this will be a very difficult time for you, but we’re here to offer our help and support if you have any questions about making a claim for compensation.

You can claim on behalf of your loved one for the following:

• Pain and suffering
• Loss of earnings/income (if they were supporting you)
• The cost of any care they received whilst they were being treated.
• Funeral and other associated costs
• Bereavement damages

Industrial disease claims after death

As part of the claim process, we may ask you to help us obtain evidence that proves that your loved one was working in unsuitable conditions, which led to them contracting the illness or industrial disease that sadly led to their untimely death. Former colleagues can often help.

Any compensation awarded following a successful claim will be distributed according to their wishes as laid out in their will and amongst those people who were dependent upon them.

What is the time limit on industrial disease compensation cases?

We realise that during this emotional time you will have a lot to deal with, but please be aware that there are certain time limits in place in regards to making an industrial disease claim.

Please contact us as soon as you can if you know, or suspect, that you may have an industrial disease.

If a claim is being brought after someone has died, it is important that you contact us at the first opportunity following the death of your loved one.

How can I be sure my industrial disease was caused by my work?

It’s not always easy to find a connection between past working conditions and the development of an illness, especially when symptoms for some industrial diseases like asbestosis, mesothelioma and silicosis, only begin to appear many years after you left a job

However, if you’re to make a successful claim, it’s critical that we’re able to prove that your employer was at fault, and didn’t protect you in the workplace, as legally required.

Our solicitors will chat through your work history with you and have years of experience to help you identify where exposure to harmful substances or work practices took place. They will ask what your employers did to protect you and will be aware of legislation and guidelines in place at the time.

What evidence do I need to make an industrial disease claim?

To prove the connection between your condition and your workplace, we’ll help you gather the right evidence to support your claim for industrial disease compensation.

This may include:

• Employment records
• Witness statements from colleagues or relatives
• Workplace records
• Accident reports
• Personal diary
• Medical records
• Medical assessment

We can also draw on past legal judgments, supported by medical evidence, that have established proven links between specific occupations and certain industrial diseases.

As part of this process, we’ll arrange for an assessment by a medical expert, who will evaluate your symptoms and discuss your working environment to determine whether your illness is likely to have originated in the workplace. Based on their findings, they will provide an opinion on whether you may have a valid claim for compensation.

Pre-existing conditions made worse by your working environment

If you had a pre-existing medical condition that has worsened because of exposure to hazardous substances or unsafe workplace practices, you may also be able to make a claim for industrial disease compensation.

Any conversation you have with our team is always in the strictest confidence and we’ll be happy to answer any questions you may have.

Is it free to make an industrial disease compensation claim?

If you think you or a loved one may have developed an industrial disease or injury as a direct result of your employment, we offer a free initial consultation to discuss your situation and answer any questions you might have, including whether you are entitled to compensation and how the claims process works.

If we believe you have a case, and you ask us to represent you in this matter, we will offer you a “No Win, No Fee” agreement, which means that:

1. If the case is lost, we will not charge you for our services and there will be no bill for you to pay.
2. If your case is successful, you or your family will receive compensation and we will recover our legal costs from your employer (or former employer) and their insurers. There’s also a deduction from damages for all cases except mesothelioma.

How long does an industrial disease claim take?

Industrial disease claims take between six months and a couple of years to settle, depending on the details of the case. In rare cases, they may take longer.

Every case really is different, and there are no specific time frames for these types of claims.

The best-case scenario is that your employer (past employer) is still in business and is quick to admit fault, usually leading to a quick resolution within six months to a year.

However, in cases where your employer (past employer) is no longer in business, or if they decide to contest the claim, or it becomes complicated for other reasons, it is likely that the case will take between one and three years to settle.

Of course, our focus is always on obtaining the maximum amount of compensation for you, in the shortest possible time!

How long does it take to get industrial disease compensation?

Compensation is usually received soon after settlement, usually within one week to a month

Interim or early compensation payments in industrial disease cases

If your employer (past employer) admits fault, we can try to secure interim or early compensation payments for you (this will be taken from your final settlement amount), to help with any of the following:

• Medical treatment
• Care and equipment
• Travel expenses
• Loss of earnings incurred as a result of being unable to work because of your illness

How long do I have to make an industrial disease claim?

Industrial disease claims must be made within three years of knowing you have, or suspecting you might have, an industrial disease.

The working conditions you encountered that led to you getting the illness may have been experienced many years before, but as symptoms often take years to show themselves, this three-year time period for making a claim only starts once you have been made aware that your illness may be linked to your job.

You can still make a claim, years or even decades after the event or exposure that led your illness occurred.

Once you suspect that you have an industrial disease or injury, we always recommend that you try to make a claim as soon as possible.

Evidence will become harder to obtain as time passes and your memories of your working environment will become less clear the longer you leave it.

Working abroad

If you believe you contracted your industrial disease whilst working abroad, you may have less than three years to make a claim as different rules apply in different countries. Contact us as soon as possible and we can discuss the situation.

Claiming on behalf of a relative or loved one

If you’re claiming on behalf of someone else, the three-year period starts from the date they passed away rather than the date of a diagnosis. If they already had a claim in progress, the three-year limit will effectively be reset when you take over the process, and will begin from the date of their death.

Can I still make an industrial disease claim if I don’t work for my employer anymore, or if they’ve gone out of business?

You can still make a claim against your previous employer, even if they’ve ceased trading.

We’re usually able to trace the company’s insurer at the time you were working there, and as long as they had Employer’s Liability Insurance, which (from 1969) they were legally required to do so, their insurer still needs to pay compensation.

The symptoms of many industrial diseases often take years to develop and it’s often easy for people to confuse their symptoms with those of old age or other conditions until they become more progressive.

If you’re been advised by a medical professional that your condition could be related to your past employment, get in touch straight away, as there is a time limit on making industrial disease claims

Can I lose my job if I make an industrial disease claim against my employers?

Although it’s understandable that you would be concerned, an employer can’t dismiss or punish you in any way if you were to make a legal claim against them.

You also have every right to continue working during the processing of your claim and your employer should be prepared to make any reasonable adjustments to your role that you require to accommodate you.

Your employer could end up facing an employment tribunal claim if they can be proven to have treated you unfairly, irrespective of whether you win your claim or not.

For example, they could not subject you to any of the following:

• Reduce your wages
• Demote you
• Disciplinary action
• Make changes to your working hours
• Reduce break times or holidays
• Assign you to a different role without your agreement

Will I have to go to court as part of the process of making an industrial disease claim?

Our experience in negotiating out-of-court settlements for industrial disease claims means that its highly unlikely that you would ever have to attend a court hearing

We are usually able to secure the best possible outcome for you by settling the case voluntarily. However, where your employer (or former employer) refuses to accept responsibility for the circumstances that led to your condition, or if they disagree with the amount of compensation we have requested, we may have to start court proceedings against them.

We would take this step only if we thought this course of action is required to get you the best possible outcome for your case and secure the maximum amount of compensation. Before initiating court proceedings , we will always discuss your options with you first.

Initiating court proceedings does not always mean that your case will actually go to trial, but if it does, rest assured that we will be by your side to represent and support you, every step of the way.

Why choose Wolferstans to handle your industrial disease claim

At Wolferstans, our dedicated and experienced team of industrial disease specialists have been successfully settling claims like yours for many years.

We offer a free initial consultation service, where we can discuss your situation and answer any initial questions you may have.

We will spend time getting to know you and the details of your case, providing helpful advice and support right from the start

By the end of this session, we’ll be able to let you know whether you are entitled to compensation and how the claims process works.

We’ll avoid legal jargon wherever possible and ensure you understand what’s happening every step of the way.

You can expect a first-class service delivered by sympathetic, experienced professionals.

Our service includes:

• Access to a wide range of medical and other experts.
• A “No Win, No Fee” agreement for all claimants. This means that if the case is lost, you will not receive our bill for our services. If successful, you or your family will receive compensation and we recover our legal costs from your opponent. There’s also a deduction from your damages in all cases except mesothelioma.
• Access to early payments where possible, which can be used to help fund any care equipment or home adaptations you may require.
• Introductions to relevant support organisations and charities.
• A commitment to negotiating an out-of-court settlement where possible, which means that its highly unlikely that you will ever need to attend a court hearing.

Our solicitors can visit you and your family at home or in hospital if required. We can also provide help and advice over the phone, via email or using a video conferencing service of your choice e.g. Zoom, Microsoft teams etc.

Representing industrial disease clients who live abroad

Our team has represented clients living in Australia, New Zealand and Scotland. Although these are different legal jurisdictions, if the exposure to asbestos or other harmful workplace practices took place in England or Wales, we can happily bring the claim across the miles and have secured funding for treatment not available for free locally, as part of these claims.

If you or a loved one believe you may have an injury or industrial disease that you contracted as a result of your working environment, get in touch today and a member of our expert team will let you know how we might be able to help.