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Industrial Disease Compensation Claims

By Ian Morris | Updated June 22nd, 2023

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If you have been diagnosed with a health condition that is linked to your working life, you have the right to make a claim for industrial illness or injury compensation on a no win no fee basis. A successful claim for industrial disease compensation can provide a settlement that can help cover the fact that a claimants ill health leaves them unable to work. People in such circumstances can also claim disability benefits.

Claims can be made when the illness is diagnosed and linked to the work you performed during your working life, the conditions in which you were working and the level of health and safety management of your workplace at the time. Common claims for industrial illnesses or injury compensation include: stress, asbestosis, industrial deafness, asthma, chronic bronchitis, mesothelioma, pneumoconiosis, tenosynovitis, tendonitis, and silicosis.

Industrial deafness claims are made when people suffer a loss of hearing, usually in later life which was caused by being exposed to excessive noise at work without provision of ear defenders or advice to use such protection. To make a claim for industrial deafness compensation, claimants will need to have a hearing test that checks their level of hearing loss and can provide the relevant medical evidence to support a claim. Claims can be made years after leaving your employment when a diagnosis has been made. Claims can even be made if a company has ceased trading, merged or gone in to administration.

A well known industrial illness that leads to claims for compensation arises from exposure to asbestos particles without protective breathing apparatus. This condition is called mesothelioma, an aggressive and often terminal cancer. One good bit of news for mesothelioma sufferers came when a court action was made against the government’s decision to enforce a mandatory 25% deduction from compensation settlements towards the costs of the claimants action. The court found in favour of those making claims for mesothelioma compensation and found that they should not have to contribute 25% of any settlement that they receive for their claim towards the costs of the claim. This means that should they win, they can retain 100% of any settlement awarded to them.

If you or a family member has been diagnosed with an industrial injury or illness, there is a legal right to make a claim for compensation. If this applies to you, don’t delay your claim. Contact us today and let us help you get the right expert solicitor to pursue a claim for compensation for you.

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Comments & Questions

Read on for questions and advice about claiming, plus industrial disease claim examples...

I won an asbestosis claim, but had a partial discount, because they can’t find the other 2 companies l worked for. Can l claim the remaining compensation? My claim was settled with on going further asbestosis disabilities, but can claim from the government as the discount is not fair.

There are two separate issues to consider in your question.

Firstly, as to whether you can seek to pursue a further claim will depend on whether your initial claim was settled on a full and final basis. If it was, that avenue is now closed and you cannot return for further damages. If not, you should revert to your previous Solicitor to further discuss this.

The second area you can consider is government benefits for industrial injuries/disablement. You are likely to be entitled to make a claim to such a scheme but will have to disclose your current financial position as such benefits are means tested.

I retired from my work as a photographer 14 years ago. My doctor has confirmed that I have COPD. Part of my job was in a photographic darkroom using chemicals, one of which was fixer (Acetic Acid) which affects the lungs through inhalation. Is it too late to make a claim for compensation against the company, and in any event, would it be possible on the grounds of the injury?

It is unclear as to whether you would be within the claim limitation period – which is 3 years from the onset of symptoms or when you ought to have known that the symptoms may be work related.

The other, and perhaps bigger hurdle to clear is to establish a causal link between your work and the condition you have been diagnosed with. Has your Doctor categorically linked your COPD condition with your working life?

I have been working in a company for over 14years. I’m battling with carpel tunnel syndrome and spondylolisthesis. The pain is so excruciating that the doctors have had to step up the pain killer administered to me. Which I take to get through the day at work. I have a doctors report for it.
How do i go about it with my HR because I don’t know how long i can go on living with the pain.

Alongside reporting the issues you are having to your employers HR department, you should carefully consider making a claim for carpal tunnel syndrome compensation. You must make a claim within 3 years of the date at which you became aware of, or ought to have known of the condition you were suffering. Generally speaking this will be when you first developed pain that was sufficiently serious for you to need to see your GP.

We work with specialist Solicitors who are experts in making claims for repetitive injuries – such as carpal tunnel syndrome. If you would like to discuss your situation and get further advice about what to do with your employers and a potential claim for compensation, please call us on 01225430285.

I worked for 44 years in the Merchant Navy in the Engine Room I never smoked in my life but I have breathing problems. I was with my last company nearly 25 years and some the tugs I worked on had leaks of exhaust gas into the Engine room.
Many years ago I got pneumonia from one tug were my chest x ray was so bad the consultant thought I was a heavy smoker. Can I claim compensation for my condition now I have to use a puffer now and again my oxygen level gets as low as 92 sometimes.

To make a claim, you must do so within 3 years of the onset of any symptoms and you need to be able to prove a causal link between the work you performed and the health condition you suffer with.

Retired 4 years ago come October, can I claim now for asthma after working for 50 years in furniture factory as a wood machinist?

You do have a right to make a claim for an industrial related illness – such as industrial asthma. However, you must make a claim within 3 years of the date at which your symptoms became apparent.

I was working in a factory where there was no extraction, basically the air was not good and I had 3 chest infections then borderline pneumonia. I was using a chemical that was not fit for purpose, in water there was 2 mig welders with no extraction, 5 lumsden grinder with loads of tramp oil going in the air. When I was off ill, they had coshh in to do tests. I found out that on the day of testing there was only one grinder working as the employee was off ill – but usually he runs 4 grinders daily!

I’m still of sick with asthma tests coming up, but the employers have cleaned everything up and stopped using the chemical in the water and there’s no more tramp oil in the grinders. The employer has also put some extraction for the welders. I did take photos of this as I could feel it affecting my chest I also complained with a letter.

Your complaint in writing and your photographs are important as they provide evidence of a possible case of employer negligence and protect your interests should you wish to make a claim for compensation.

Employers requiring staff members who work with chemicals and dangerous dusts etc have a strict obligation to ensure that all chemicals are used safely and that they are correct for the work and properly stored. They must also ensure adequate ventilation and provision of the correct personal protective equipment.

It would seem in your case that your employer could have some trouble proving that they have carried out their obligations towards your health and safety and may indeed be guilty of employer negligence in failing to protect you from damage to your respiratory system. If you would like to further investigate your rights with regards to a claim for compensation, we will gladly help.

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