Industrial Disease Claim Solicitors

Industrial diseases are ailments contracted during employment, often due to exposure to harmful substances or inadequate health and safety measures. These conditions can range from respiratory and lung diseases to skin disorders and vibration injuries. Employers are mandated to ensure the safety and well-being of their employees by implementing effective health and safety practices. Failure to do so can lead to an employee contracting any one of many industrial diseases, all of which can significantly impact their health and quality of life.

Types of Industrial Diseases

1. Respiratory and Lung Diseases: Conditions like occupational asthma and mesothelioma, often linked to exposure to asbestos, dust and chemicals.
   
   
2. Skin Diseases: Includes occupational dermatitis, often caused by contact with irritants or allergens in the workplace.
   
   
3. Vibration Injuries: Such as Vibration White Finger (VWF) or Hand-Arm Vibration Syndrome (HAVS), typically found in workers using vibrating tools.
   
   
4. Industrial Deafness: More than likely caused because of the lack of the proper protective equipment and training.
   
   
5. Occupational Cancers: These include cancers caused by exposure to carcinogens like asbestos, leading to diseases such as asbestosis.

 

Evidence and Proof

To file a claim for an industrial disease, substantial evidence is required to establish a clear link between the illness and workplace conditions. This evidence might include:

• Medical Diagnosis: Confirming the disease is connected to specific workplace exposures.
  
  
• Workplace Safety Records: Indicating lapses in safety measures or exposure to harmful substances.
  
  
• Testimonies from Co-workers: Providing additional insights into workplace conditions and practices.
  
  

By understanding these diseases and the evidence needed, we are able to prepare your case in a manner more likely to lead to a successful claim.

Eligibility for Making a Claim

To determine your eligibility for filing an industrial disease claim, it’s crucial to establish a connection between your illness and your work environment. Here’s the process:

1. Gather Evidence: that links your illness directly to your workplace conditions. This includes medical records that confirm your diagnosis and any expert opinions that support your claim.
   
   
2. Legal Support: Obtain the support needed to navigate through all the paperwork and where necessary court proceedings.
   
   
3. Understand Your Rights: Make sure that you are aware of your rights. For example understand that it is illegal for employers to terminate your employment simply because you make a claim. If you face such an issue, seek help for potential unfair dismissal as well.
   
   
4. Financial Matters: This is the area that stops many people from taking their claim further. In some cases, your trade union may assist with the costs, but if not, consider a conditional fee agreement, commonly known as ‘no win, no fee,’ to fund your claim. This financial arrangement is crucial in accessing the needed legal support when you cannot afford to pay any upfront costs, or are worried that your claim may be unsuccessful.

 

The Claims Process Explained

Initiating the claims process for industrial disease compensation begins with a straightforward step: contacting a specialised firm such as WardandRider Solicitors. You can reach out via phone or our online form, providing essential details like your name, email, phone number, and what industrial disease you wish to claim for.

Gathering Essential Evidence

1. Medical Documentation: One of our first steps is to secure a medical diagnosis linking your condition directly to your workplace environment.
   
   
2. Workplace Records: Then we collect all available records of workplace safety measures and potential lapses that could have contributed to the disease.
   
   
3. Expert Opinions: Obtaining statements from medical and industry experts that support the connection between your illness and your work conditions is also key.
   
   
4. Witness Testimonies: We also gather accounts from co-workers that can attest to the workplace conditions and exposure levels.

 

Legal Representation and Claim Submission

Once the necessary evidence has been compiled, we will guide you through the legal nuances of filing the claim. This includes proving that your employer failed in their duty of care, leading to your illness. The complexity of your case will influence the duration it takes to secure compensation, but rest assured, we always strive to expedite the process, maintaining pressure on insurers to settle claims swiftly and fairly.

The key factor here is to present the employer’s insurance company with a set of indisputable facts, something that, in most cases, will result in them paying up without taking the matter to court. And as most claims are handled on a ‘no win, no fee’ basis, even if this happens, you have nothing to fear and can seek justice for your pain and suffering in the knowledge that you cannot be financially worse off.

What Compensation Covers

When filing an industrial disease claim, understanding the scope of potential compensation is crucial. Compensation typically falls into two categories: general damages and special damages.

General Damages

General damages compensate for the non-economic impact of your illness, such as:

1. Pain and Suffering: Compensation for the physical pain and discomfort caused by your illness.
   
   
2. Loss of Enjoyment of Life: Financial recognition for the inability to partake in hobbies or activities you once enjoyed.

 

Special Damages

Special damages cover the economic losses related to your condition:

1. Lost Earnings: Compensation for past and future wages lost due to your illness.
   
   
2. Medical Costs: Covers all medical treatments related to your condition, including future medical expenses.
   
   
3. Travel Expenses: Reimbursement for travel to and from medical appointments.
   
   
4. Home or Lifestyle Adaptations: Financial assistance for necessary modifications to your home or lifestyle to accommodate your condition.

The compensation awarded will depend on the severity of your condition, its long-term impact, and the financial losses incurred. Each case is assessed on its individual merits, with the aim to restore financial stability and acknowledge the pain and suffering caused by the disease.

Selecting the Right Legal Representation

As you can imagine, it is crucial to select the right legal representation, one that has the experience, track record and specialised knowledge in the area of industrial disease claims.

And this is just what you get once you engage WardandRider. Simply put, we have the knowledge and experience you need if you want to make that successful claim.

WardandRider: A Leader in all types of Personal Injury Claims

WardandRider are renowned for their expertise in personal injury and industrial disease claims. We have a history of securing substantial compensation for clients and providing access to essential support services.

Comprehensive Support and No Win No Fee* Arrangement

Our total focus and commitment to client care is amply demonstrated by our No Win No Fee arrangements for industrial disease claims. Plus, we excel in providing comprehensive support, from the initial consultation to assistance with medical treatment and rehabilitation.

Why Use WardandRider

Perhaps the most important factor is that we are a law firm and not an accident management company, which in turn means that our staff have more experience and legal knowledge. It also means that our primary focus is to get you the compensation you need and deserve.

Then there is the fact that we aren’t affiliated with an insurance company in any way, which means that we will do everything we can to get you the maximum compensation possible.

With us, one of our dedicated personal injury team will act as your direct point of contact, so you know exactly who you are dealing with. You will receive an unrivalled level of service as our personal injury experts are completely client focused and quality managed to the highest standard

Call us now on 024 7655 5400 or 0800 158 5592

Some Frequently Asked Questions about Industrial Disease Claims

FAQs

1. What is classed as an industrial disease?
   An industrial disease can be either a condition or illness which is caused by exposure to toxic substances, or by the worker carrying out their duties in unsafe conditions. In some cases, employees suffering from a pre-existing condition can also find their symptoms increase in severity, this most likely being caused by poor health and safety practices.
   
   
2. What is the difference between a personal injury and an industrial disease claim?
   Employers have a duty of care to their employees and must take all the necessary steps needed to protect their health, safety and wellbeing. If they fail, and an employee is injured in any way, they may be entitled to make an industrial disease claim.However, because the cause of the illness could be something that happened many years ago, industrial disease claims can be more complicated than other personal injury claims. For instance, the cause of the illness could be due to exposure to asbestos 10 or more years ago, something which makes building the case for compensation that bit more difficult.
   
   

3. How long will it be before I receive my compensation?
   In cases where the industrial disease claim is relatively straightforward, you could be awarded compensation in a matter of months. However, typically, these claims are complicated and can take years to resolve. It all depends on the weight of the evidence, something that makes engaging the very best solicitors, someone like WardandRider who have a track record at obtaining all the data and supporting evidence, all the more important..
   
   

4. How much compensation will it get?
   Because the illnesses and conditions classed as industrial diseases are so varied, some having a much bigger impact on the claimant than others, the amount awarded can vary dramatically.

   For example, compensation for white finger or hand-arm vibration syndrome may well receive between £2,000 and £29,000, whilst those suffering from damage to their lungs could well be awarded over £100,000.