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Industrial Disease Claims

What is an industrial disease?

An industrial disease is a health condition or illness caused by an unsafe work environment and can take many forms such as noise induced hearing loss, repetitive strain injury or chest conditions.

Sometimes an illness will develop soon after you first start the work that caused it, and sometimes it may develop – or only be noticeable – many years later. Either way, it can still be a recognisable industrial disease for which you are entitled to compensation.

Most common types of industrial disease

Below is a list of the most common types of industrial disease and the types of things which may cause them:

  • Industrial deafness is hearing loss caused by work environments that are too noisy.
  • Musculo-skeletal disorder is more commonly known as repetitive strain disorder. Musculo-skeletal disorder is caused by repetitive work activities and/or poorly designed or defective work equipment. Some conditions included in this type of disease are tennis elbow, tenosynovitis and carpal tunnel syndrome.
  • Hand Arm Vibration Syndrome (HAVS) or Vibration White Finger (VWF) caused by using vibrating hand tools such as chainsaws and drills.
  • Cancer, for example mesothelioma caused by exposure to asbestos dust, or leukaemia as a result of exposure to electro-magnetic radiation.
  • Respiratory illnesses caused by exposure to different types of dust, including pleural thickening, asbestosis and asthma.
  • Dermatitis caused by contact with harmful chemicals such as harsh cleaning products.
  • Stress caused by factors in the work environment such as an unsuitable workload or issues with colleagues.

The above list contains just some examples of industrial diseases and some possible causes. If you believe you have developed a condition as a result of your work environment, call us for a chat and we will happy to discuss your individual case in detail.

What should you do if you have developed an industrial disease?

Many industrial diseases develop gradually over time and, despite being required to by law; many employers do not train their employees on what symptoms they need to watch out for.

If you have any concerns that you might be suffering from an industrial disease, the sooner you receive treatment the better. Discuss things with your GP straightaway. If your doctor thinks that your symptoms might be related to what you are doing or what you did at work, then you may be entitled to bring a claim for compensation, in which case we can assist you.

Why should you claim for your industrial disease?

If you have developed an industrial disease as a result of your employer’s failure to protect you at work, you are legally entitled to be compensated for the pain and financial losses you have suffered.

Employers have a duty of care to protect employees from harm. Certain work environments pose a higher risk of industrial disease than others and employers are expected to consider this risk and take steps to reduce it to the lowest reasonable level.

At Scott Rees we will take every step to ensure you receive the compensation you deserve, including your pain and suffering, loss of earnings and any medical treatment. You may even be entitled to claim for future losses, including loss of earnings if you are no longer able to work as a result of your industrial disease.

And, if your industrial disease is terminal, we will act sensitively and swiftly to protect your claim so that your loved ones can receive the compensation to which they are entitled following your loss.

Limitation period for industrial disease claims

For industrial diseases, a limitation period is the maximum time allowed to bring a claim to the courts after you realise or ought reasonably to have realised that you are suffering from an industrial disease. In most cases you will have 3 years to bring the industrial disease claim to the attention of the court. In view of this strict timeframe, we encourage victims of industrial diseases to contact us as soon as possible for the best possible chance of succeeding with the claim.

Do you have a valid claim?

Scott Rees & Co solicitors have successfully settled many industrial disease cases over the past 20 years. We will be happy to discuss the individual circumstances of your claim with you in detail as no two cases are ever the same. We can then advise you specifically on the merits of your case.

You are entitled to bring a claim even when you no longer work for the past employer who you think is responsible for your industrial disease. If your past employer is no longer trading, we will try to settle the claim with the insurers of the company during the period in which you sustained injury. Failing this, we may take steps to reinstate your former employer should it be necessary to issue court proceedings. This process can take up to six months and with the concerns of the limitation period, it highlights the importance of contacting us straight away if you think you have a claim.

A claim for industrial disease can be brought on a ‘no win, no fee‘ basis. This means you do not have to pay us for our service and advice should your claim be unsuccessful.

If you would like to bring an industrial disease claim today, you can call us to speak with one of our claim advisers. Alternatively you can fill in the claim form at the top of the page.

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