Employers have a duty of care to protect the people who work for them, so if illness occurs as the result of someone’s occupation, they could have the right to compensation.
What is industrial disease?
If someone becomes sick as the result of substances or unsafe conditions they are working in then these are what is termed industrial diseases. And it doesn’t just cover illness. Long term injury caused by poor workplace practices can also be considered an industrial disease.
Industrial disease solicitors have been trained to identify the kinds of conditions and illnesses that have resulted from bad workplace practice as some are less obvious than others.
Asbestos related illnesses such as mesothelioma, asbestos related lung cancer, asbestosis and pleural thickening, cancers such as skin cancer, nasal cancer and bladder cancer caused by someone’s occupation as well silicosis and a number of respiratory illnesses could all potentially result in a compensation claim.
Other industrial diseases include:
- Carpal Tunnel Syndrome – Occurring where the person’s work involves regular use of percussive or vibrating tools.
- Cramp of the hand or forearm – This is due to work that involves prolonged periods of repetitive movement of the fingers, hand or arm.
- Occupational dermatitis – Which happens where the person’s work involves significant or regular exposure to a known skin sensitiser or irritant.
- Hand Arm Vibration Syndrome – Caused by work which involves regular use of percussive or vibrating tools, or holding materials subject to percussive processes, or processes causing vibration.
- Occupational asthma – This is where the person’s work involves significant or regular exposure to a known respiratory sensitiser.
- Tendonitis or tenosynovitis – Occurs in the hand or forearm, where the person’s work is physically demanding and involves frequent, repetitive movements.
Who is liable for industrial disease?
Every employer has a duty of care to protect their employees from harm. Where employers have failed in that duty, and a person suffers an industrial disease as a result, then they are liable. Under the 1969 Employers’ Liability (Compulsory Insurance) Act, most employers are obliged to have at least £5m of employers’ liability insurance.
Why should you use industrial disease solicitors to make a claim?
It’s highly likely that an industrial disease will take many years to develop, which makes industrial disease claims more complex.
It all comes down to proving that the disease or condition was a result of the person’s occupation and therefore expert evidence could be needed to prove a link between the illness and employment. This is the main reason why it is important that you choose experienced industrial disease solicitors when launching an industrial disease claim.
If you believe that your health has suffered because of your occupation and you would like to discuss a possible claim with experienced industrial disease solicitors then we are here to help you. Check out our Industrial Disease page for more information.