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An industrial disease otherwise known as an occupational illness usually arises as a result of unlawful working conditions specifically due to an employee's exposure to physical, chemical or biological agents in the workplace. Our industrial disease solicitors deal with a wide range of industrial disease claims from moderately severe illnesses through to catastrophic injuries. Our industrial disease solicitors operate throughout the UK - England, Scotland, Wales, and Northern Ireland - on a no win no fee* basis. In the event that the legal claim is lost there is no charge made to the client. All of our industrial disease claim solicitors are members of the Solicitors Regulation Authority panel of personal injury experts who deal with the following matters on a regular basis :-

  • asbestosis
  • bladder cancer
  • chronic obstructive pulmonary disease (COPD)
  • hand arm vibration syndrome (HAVS)
  • industrial deafness
  • mesothelioma
  • miners beat knee
  • miners occupational emphysema
  • miners osteoarthritis
  • occupational asthma
  • occupational bronchitis
  • occupational cancer
  • occupational contact dermatitis
  • occupational respiratory disease
  • pneumoconiosis
  • repetitive strain injury (RSI)
  • silicosis
  • vibration white finger (VWF)
  • whole body vibration syndrome (WBVS)
  • work induced stress

Health and Safety at Work Act 1974 - Industrial Diseases

It is estimated that every year in the UK over two million employees suffer some kind of injury. Many of these injuries are classed as industrial diseases or occupational illnesses and can vary from very minor skin rashes to fatalities caused by serious illness including cancers and pulmonary conditions. The cornerstone of UK law in these matters is the Health and Safety at Work Act 1974 and subsequent amendments and associated statutory instruments together with statutes relating to health and safety in specific industries. Policing these issues is the responsibility of the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) who also enforce most of the EC health and safety legislation.

How Long Does An Industrial Disease Claim Take?

The overall time taken to process an industrial disease claim depends largely on the medical evidence, how fast it can be obtained and when a settled prognosis can be established. Our industrial disease solicitors make use of computerised claims management systems which allow for the processing of claims as soon as the medical evidence allows. Early payments may be made by the insurers as soon as a prognosis is available provided that liability is admitted. In an undefended case you can expect your claim to be settled within 12 months. Defended actions may take substantially longer. For difficult occupational illness claims which may take some time to resolve, interim payments can often be arranged even before the final prognosis is given and before the final award is determined.

Private Medical Treatment

If you require urgent medical treatment for industrial disease it can often be arranged on a private basis at an early stage with payment being met by the third parties insurers. Insurers take the view that early intervention with appropriate medical treatment will reduce the overall period of incapacity thereby reducing the amount of compensation likely to be awarded against them in due course.

Time Limits

A UK personal injury claim must either be settled or legal proceedings must be issued in a court of law within three years which is known as the 'limitation period' failing which the claim becomes 'statute barred' and the opportunity to claim compensation may be lost forever. There are exceptions for minors and the mentally disabled. In the case of industrial diseases, complying with the basic three year time limit is often not feasible, as there is frequently a long latency period between exposure and the symptoms of an industrial disease becoming apparent. Certain occupational illnesses take several decades to make themselves known and may have been the result of a single exposure or as a result of numerous incidents of exposure over a long period of time. The Limitation Act 1980 takes account of the potential latency period of occupational illness and the three year period does not start to run until such time as the symptoms are diagnosed or should, with the exercise of reasonable diligence, have been diagnosed as being the result of an industrial disease.

Industrial Disease Solicitors

Our industrial disease solicitors are able to deal with a wide variety of personal injury compensation claims ranging from minor problems caused by occupational illness through to injuries of the utmost severity. All claims are dealt with using the no win no fee* scheme otherwise known as a conditional fee agreement. In the event that the legal claim is lost there is no charge made to the client. There is no need to fund or finance your industrial disease claim as it proceeds. Occupational illness compensation claims handled by our solicitors are guaranteed to be totally risk free.

If you would like to speak to a specialist personal injury solicitor who deals with industrial disease compensation claims you can either use the helpline or complete the contact form or email our solicitors offices. If after talking to us you decide not to take matters any further then you are under no obligation to do so and you will not be charged for our advice. Do yourself justice and give us a call.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here