Industrial Disease Claims

Occupational and industrial diseases can be life-threatening, or at the very least, disruptive to your life. Making an industrial disease compensation claim - sometimes referred to as an industrial illness claim - with the help of a legal professional allows you to recover finances to cover aspects of your struggle with the disease. You should not have to lose out financially due to something that was not your fault.

If you or a loved one has been affected by an industrial disease caused by workplace negligence, JMW is here to help. Our team of industrial disease solicitors has extensive experience in securing compensation for people affected by workplace industrial diseases. 

To speak to our experts and start your industrial claim, call us today on 0345 872 6666. Alternatively, complete our online contact form and we will call back at a time that suits you.

How JMW Can Help

Our industrial disease team is led by Andrew Lilley and Gordon Cartwright, who bring more than 40 years of combined experience in securing industrial disease compensation. Our work has been recognised by the Legal 500 as one of the most respected teams in the UK for personal injury claims. View our accreditations.

We know how deeply an industrial disease can affect you and your family. That is why we focus on achieving the best outcome for you as quickly and with as little stress as possible. We do this by offering:

• A no win, no fee service.
• A specialist fast-track court procedure for people with mesothelioma.
• Access to a panel of leading medical experts.
• Home visits across the UK, where appropriate.
• No upfront fees.

As experienced industrial disease claims solicitors, we have advised many people bringing industrial disease compensation claims. With the guidance of an experienced industrial disease lawyer, you can feel confident that your case is in safe hands.

We understand the rights you are entitled to as an employee and the responsibilities your employer should have met to protect you. By instructing us, you will have the full support of a team that is committed to securing the industrial disease compensation you deserve.

Meet Our Team of Industrial Disease Solicitors

Our personal injury team at JMW is made up of dedicated and experienced professionals, here to offer compassionate support and expert guidance to help you through your industrial disease claim.

What Are Industrial Diseases and How Are They Caused?

Industrial diseases are medical conditions that develop or are made worse through exposure to dangerous substances or unsafe working practices. They can arise in many different industries and often have a lasting impact on health and day-to-day life. Common causes include:

• A lack of proper safety measures.
• Failure to provide appropriate personal protective equipment.
• Prolonged exposure to chemicals leading to chemical poisoning.
• Contact with dust and fibres.
• Excessive or continuous noise, resulting in industrial deafness.
• Other hazardous agents in the workplace.

These diseases are often the result of employers failing to adhere to proper safety regulations, leading to harmful exposure that affects an individual's health and quality of life. If this is true for your case, you may be able to claim industrial disease compensation.

What Are Common Examples of Industrial Diseases?

There are many different types of occupational diseases that can affect employees across a wide range of industries. Some of the most common include:

• Asbestosis: a respiratory and lung disease caused by exposure to asbestos fibres.
• Occupational asthma: triggered by inhaling dust, fumes or other irritants in the workplace.
• Vibration white finger: a circulation problem caused by the regular use of vibrating tools.
• Occupational dermatitis: a skin disorder that develops through contact with harmful substances.
• Noise-induced hearing loss: resulting from prolonged exposure to loud or continuous noise.
• Repetitive strain injury (RSI): caused by continuous repetitive movements, often linked to manual or computer-based tasks.

The risks of these industrial diseases can be reduced when employers follow the correct safety procedures and comply with regulations designed to protect their workforce. Unfortunately, when these measures are not put in place, employees can be exposed to hazardous environments that may cause long-term health problems.

If you've been affected by your employer's negligence, speak to our personal injury team about making a no-win, no-fee industrial disease claim today.

Which Types of Workers are Most at Risk of Industrial Disease?

Some jobs carry a higher likelihood of exposure to harmful substances or unsafe practices, making employees more vulnerable to developing occupational diseases. Those most commonly affected include:

• Construction workers
• Factory workers
• Mechanics
• Hairdressers
• Health care providers
• Coal miners
• Printers

While these sectors are frequently linked to industrial disease cases, it is important to recognise that such conditions can arise in many other roles and industries. Any workplace that fails to follow the proper safety standards could put its employees at risk of long-term health problems.

If you believe you have developed a condition as a result of your employer’s negligence, our solicitors can assess your circumstances and advise you on your right to pursue an industrial disease compensation claim.

What Are Employers' Responsibilities Related to Industrial Diseases?

Employers have a legal duty to protect the health and safety of their workforce. Under the Health and Safety at Work Act 1974, they must take all reasonable steps to prevent exposure to risks that could lead to industrial diseases.

Responsibilities vary by industry, but employers are broadly expected to:

• Protect employees and others from anything that could cause harm
• Carry out regular workplace risk assessments
• Clearly communicate any risks and provide training on how to manage them
• Consult with employees on health and safety matters
• Provide suitable personal protective equipment (PPE) where needed

Employers must remain proactive in identifying hazards and implementing safety measures. When these responsibilities are neglected, the consequences can be serious. Seeking legal advice can help you understand your options if you have developed an industrial disease.

What Compensation Can I Receive for an Industrial Disease Claim?

Compensation for an industrial disease claim is designed to reflect the full extent of the impact your condition has had - and may continue to have, on your life. Every case is different, but compensation is generally divided into two main categories:

• General damages: a sum of money to compensate you for the injury itself.
• Special damages: covering financial losses directly linked to the condition. This can include lost earnings, medical expenses, travel to and from appointments, and any adjustments needed to your home or daily routine.

Where the condition has lasting or permanent effects, you may also be entitled to compensation for future losses. This can include a reduced ability to work, the cost of ongoing care, or long-term support needs.

The exact amount you may be able to claim will depend on the nature of your condition, how it affects your life, and the financial impact it has had. Speak to our team today, and we will provide a clear estimate of how much compensation you could claim based on your circumstances.

How Do I Prove That My Industrial Disease is Work-Related?

To prove that an industrial disease is work-related, you must gather evidence that demonstrates a clear link between your working conditions and the illness. Your solicitor will help you to do this, identifying and collecting sources of information, including:

1. Medical records: obtain a medical diagnosis that connects the disease to specific workplace exposures or conditions
2. Work history: documenting your work history, including roles, tasks and the substances or environments you were exposed to
3. Witness statements: colleagues or other witnesses who can confirm the working conditions or your exposure to specific hazards
4. Employer records: records of safety measures, training, and other relevant documentation may be used to demonstrate negligence or a lack of proper care
5. Expert opinion: specialists in industrial disease law or medical professionals with expertise in occupational illnesses may be consulted to provide professional opinions on the case

Get in touch with JMW today to arrange a free initial consultation and speak to our industrial disease claims solicitors about how we can move forward with your case.

What if My Employer Disputes Liability for My Industrial Disease?

If your employer disputes liability for your industrial disease, it doesn't mean the end of your claim. Disputing liability is not uncommon, and this is where the expertise of industrial disease solicitors becomes invaluable.

The importance of strong evidence becomes even more crucial. Our experienced solicitors can negotiate with the employer or their insurance company, presenting the evidence and legal arguments to support your claim.

Alternative Dispute Resolution (ADR) or Court Proceedings

Sometimes, disputes can be resolved through mediation or other ADR methods, which can be faster and less confrontational than going to court. We always try to mediate with the other parties, but if a settlement cannot be reached, your solicitors may recommend taking the case to court. This can be a longer process, but with skilled representation, you can still achieve a successful outcome.

Throughout the process, your legal team will keep you informed, provide advice and support your rights.

Our knowledgeable industrial disease claims solicitors can guide you through the legal process, advocating for your rights and working towards the compensation you deserve.

What Is the Time Limit for Making an Industrial Disease Claim?

The general time limit for making an industrial disease claim is three years from the date you first became aware of the illness and its connection to your work environment. However, industrial diseases may take years to manifest, so this limit often starts from the date of diagnosis or when you first realised the illness might be work-related.

How Long Does it Take to Settle an Industrial Disease Claim?

The time it takes to settle an industrial disease claim can vary widely based on the complexity of the case, the willingness of the parties to negotiate and various legal factors. Simple cases might be resolved within a few months, while more complex cases may take several years to reach a settlement or judgment.

Factors that can influence the timeline include:

• Proving the link between the disease and workplace conditions
• The availability and cooperation of witnesses
• Negotiations with insurance companies or responsible parties
• Court schedules and procedural requirements if the case goes to trial

Working with an experienced law firm like JMW will ensure that your claim is handled professionally and efficiently at every stage of the industrial disease claims process.

Q

How do I know if I have an industrial disease?

A

Recognising an industrial disease can be challenging as symptoms may vary depending on the type and level of exposure. Common signs may include:

• Respiratory issues
• Skin irritation
• Hearing loss
• Persistent pain in joints or muscles

If you experience any unusual symptoms and have a history of working in an environment with known hazards, it's essential to consult with a medical professional.

Q

Can family members make a claim if a loved one died due to an industrial disease?

A

If an individual died as a result of an industrial disease, their dependents or the executor of their estate may be eligible to make a fatal accident claim on their behalf. This can include compensation for loss of support, funeral expenses and potentially other damages. Working with experienced industrial disease solicitors, such as those at JMW, we can help you understand your rights to claim compensation on behalf of a loved one.

Q

Can I make a claim if I am no longer employed by the company?

A

Yes. You can still bring an industrial disease claim against a former employer if the exposure that caused your condition happened while you worked there. Many industrial disease cases only become apparent years after the employment has ended, as symptoms can take time to develop.

What matters is being able to show the connection between your illness and the conditions you were exposed to in the workplace. Provided this is done within the legal time limit, you may be entitled to pursue industrial disease compensation. Speaking with our team of industrial disease solicitors will give you the guidance and support you need to make the claims process as straightforward as possible.

Q

What if my employer has gone out of business?

A

Even if the employer responsible for your industrial disease has gone out of business, it may still be possible to make a claim. The claim is typically made against the employer's liability insurance, which should be in place at the time the exposure occurred. Our skilled industrial disease claims solicitors may be able to trace the relevant insurance policies and pursue the claim against the insurer.