Making an industrial disease claim

Developing an industrial disease, also known as an occupational disease or workplace illness, can have devastating effects on sufferers and their families. Navigating the complexities of these types of claims can be overwhelming and confusing.

As a specialised area of law, it is crucial to have a solicitor with expert knowledge to ensure a successful claim, which is why our skilled solicitors are here to provide support and guidance throughout the entire process. We have a reputation for excellence and have achieved numerous accolades in the legal industry for our work on behalf of individuals and families affected by workplace illnesses.

Our accomplished team of specialised industrial disease solicitors are dedicated to fighting for justice on behalf of our clients and will guide you through the legal process with compassion, expertise, and unwavering commitment.

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What is an industrial disease?

Industrial disease refers to a health condition or illness that arises due to exposure to hazards or risks in the workplace. It is typically associated with specific industries or occupations where workers are exposed to certain substances, processes, or working conditions that can have detrimental effects on health over time. Under the Health and Safety at Work Act, your employer has a duty of care to you as an employee and must protect you from any health risks in the workplace.

If your employment has caused you to develop an illness, then you may be able to claim industrial disease compensation. Even if you no longer work at the place where your illness developed, you can still make a claim, subject to your solicitor being able to obtain evidence linking your illness to the work that you did during your previous employment.

Types of industrial illnesses and diseases

Industrial diseases can be caused in various ways, depending on the nature of the exposure and the specific hazards involved. We have successfully pursued claims for, but not limited to, the following workplace illnesses:

• Mesothelioma: A form of cancer caused by breathing in asbestos dust. The average time for mesothelioma to develop after exposure to asbestos dust is around 40 years, but it can develop after 10 years from the initial exposure.
• Asbestosis and Pleural Thickening: Lung conditions caused by exposure to asbestos fibres, commonly found in construction, shipbuilding, and insulation industries. Inhaling asbestos particles can lead to scarring of lung tissue and the lining of the lungs, which in turn causes breathing difficulties.
• Silicosis: A lung disease caused by inhaling crystalline silica dust, common in industries such sandblasting, stone masonry, construction, demolition, ceramics, and glass making. Prolonged exposure can cause inflammation and scarring of lung tissue, leading to breathing difficulties and an increased risk of lung infections.
• Occupational dermatitis: Exposure to irritating substances or allergens in the workplace, such as chemicals or solvents, can lead to skin conditions.
• Occupational asthma, respiratory injuries and lung disease: Exposure to dust or fumes containing irritants can cause occupational asthma, COPD, pneumonitis and other illnesses affecting the lungs.

This is not an exhaustive list. Whatever the nature of your workplace illness, our team of expert industrial disease solicitors are specialised in this area of law and will help get you the compensation you deserve for your injury.

How to make an industrial disease claim

We understand the difficulties those suffering with an occupational disease can face and how daunting the industrial illness claims process may seem.

1. To make a claim, your first step is to contact one of our specialist industrial disease solicitors, who will explain the claim procedure and advise you in relation to our No Win No Fee funding agreements.
2. We will then take a statement from you in connection with your illness, including your diagnosis, symptoms, and the effects your illness has on your everyday life. We will also take full details of your work history and how your work has caused your illness to develop.
3. We will then notify the defendant company or their insurer of your diagnosis and why they are responsible to pay compensation for your development of your workplace illness.
4. With your permission, we will obtain and review your medical records and arrange for you to see a medical expert who specialises in your illness, who will then prepare a report formally confirming your diagnosis and if appropriate, linking your diagnosis to your employment history. In some cases, for example mesothelioma and other cancer claims, it will rarely be necessary for you to be examined in person for the purposes of obtaining a medical report in support of your case.
5. Once we have the necessary evidence, we will work out how much compensation you should receive and seek to open negotiations to reach the settlement you deserve.
6. If necessary, for example if your employer refuses to admit liability or fails to make a reasonable offer to settle your claim, we will commence court proceedings on your behalf to secure the justice that you seek.

Read our claims guide

What is the time limit to make an industrial disease claim?

With industrial disease claims, you have a three-year timeframe to make a claim starting from either the date of your diagnosis or the date when you actually became or could have become aware that your symptoms could be linked to your employment. This three-year period is called your “limitation period”.

When you became or could have become aware of the link between your symptoms and your employment is known as your “this date” and court proceedings must be commenced within three years of your date of knowledge. It can take time to thoroughly investigate a claim for an industrial disease, which means that you should always contact one of our specialist solicitors as soon as possible after you receive a diagnosis of a workplace illness.

If a loved one has died from a workplace illness, you may have three years from the date of their death to make a claim for compensation but please do not delay contacting one of our lawyers who will be able to advise you in full in relation to your specific date of knowledge and limitation period. We have helped many people with industrial disease claims after losing a loved one.

How long does an industrial disease claim take to conclude?

The length of an industrial disease claim can vary significantly depending on various factors, including the complexity of the claim, availability of evidence, and the cooperation of those involved. Some claims can take between 12-18 months, whilst others can take several years to reach a settlement. Our team will keep you updated as your claim progresses. No matter the situation, we will be by your side, working tirelessly to ensure you get the medical treatment and compensation you deserve.

Why choose us for your industrial disease claim?

Our roots are deeply ingrained in this field, having initially established ourselves as a specialist occupational disease firm and growing into an award-winning, multi-service provider. One of our greatest strengths lies in the access to archives of past cases spanning over 40 years. By reaching out to them for a statement in support of your claim, we can expedite the settlement of your claim, ensuring a quicker resolution to your case.

In addition to our extensive archives, we offer the convenience of home visits for those who have developed asbestos-related conditions and other serious industrial diseases, including occupational cancers and life-limiting respiratory illnesses. We understand the importance of providing support during challenging times, and our dedicated team will visit you at a time that is convenient for you. We can often arrange a visit within just a few days of your initial inquiry.

We are proud to partner with numerous asbestos charities, organisations and support groups across the UK and undergo fundraising efforts throughout the year to help support victims, and families, living with an asbestos-related illness.

Our team comprises highly acclaimed industrial disease solicitors, led by Jordan Bell, a Principal Lawyer accredited by the Association of Personal Injury Lawyers (APIL) as a specialist in asbestos claims and occupational diseases and recognised in Chambers and Partners.

Managing Director and Principal Lawyer, Madelene Holdsworth, also holds accreditations as an Asbestos Specialist and an Occupational Disease Specialist through APIL. She has been consistently recognised in prestigious legal guides, as well as a nomination for 'Lawyer of the Year' in the Modern Law Awards 2020.

Pauline Chandler, another prominent figure, is a leading individual in the 2023 Legal 500 rankings. She has made significant contributions to asbestos-related disease and other workplace respiratory illness claims, leading on cases that have changed the law for asbestos victims which are now frequently relied on and referred to as precedents in other disease claim judgements.

Edmund Young is known for his innovative solutions and successfully challenged the calculation method for future losses in a landmark mesothelioma case, which was adopted by the Supreme Court. Additionally, John Browne, an esteemed and highly experience lawyer, also consistently receives recognition in the Legal 500.

If you’re suffering from an industrial disease, we urge you to get in contact with us online and we’ll endeavour to get you the compensation you deserve.