If you've developed an industrial illness or injury at work, then you may be able to claim industrial disease compensation. Our solicitors have a proven track record in helping people claim for accidents, illnesses, and injuries caused by their employer's negligence.
In this guide, we look at the process for making an industrial disease claim. We explain the circumstances that mean you could make a claim for compensation and look at the claims process and address some common questions that come up.
We understand that being diagnosed with an illness under any circumstance can be an upsetting and difficult time, both for you and your loved ones. However, the prospect of making a claim against your employer can be particularly daunting. We aim to make the process as simple as possible for you. We’ll handle every aspect of your case and give you expert advice every step of the way.
Contact us today to discuss your situation in a free initial consultation. You may find that your questions have been answered in our guide below.
In this guide, we answer the following questions:
What are examples of industrial diseases?
Industrial diseases and illnesses come in a wide range of forms. Some of the most common illnesses you can develop through your work include:
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How do I make a claim for industrial disease compensation?
Your first step to making a claim for industrial disease compensation is to get in touch with us. We’ll get an understanding of your situation, initially, through a free consultation. We’ll advise you on whether you could make a claim and discuss funding options.
The claims process will then be broken down into several stages:
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Investigation. We’ll work to prove breach of duty on your employer’s part to prove your illness was caused by their negligence. We’ll investigate how your illness was caused by your work.
- Assessment. You'll have an examination with an independent medical specialist, which will help to support your claim. Their evidence can prove your illness was linked to your job.
- Compensation. We'll work out how much compensation you need and put the case to your employer (or former employer) and their insurers.
- Rehabilitation. Our Support and Rehabilitation team are clinical specialists who can assess your medical and emotional needs. Our connections with nationwide charities and support networks means we can get you local help.
- Conclusion. You'll be awarded compensation if your claim’s successful.
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How can I be sure my illness was caused by my work?
It can sometimes be hard to link an illness to a job. This is particularly true in the case of an illness like silicosis, where symptoms can take many years to appear. This is often long after you've left the work environment where it started to develop.
Other illnesses can be caused by things like age, genetics, and lifestyle. This means it might not be clear they originated from your place of work.
However, certain medical conditions can be linked with specific occupations thanks to past judgements and case precedents. These are supported by medical evidence.
If you've developed a condition that's commonly linked to a certain type of work, we'll arrange for you to see a medical expert. They'll examine your symptoms and discuss your work environment with you to make a judgement to the best of their medical knowledge.
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Can I still claim if I don’t work for my employer anymore, or if they’ve gone out of business?
If there’s a proven link between your illness and your former working environment, you could still make a claim for compensation.
Some illnesses take years to fully develop, by which time you may have changed jobs or retired. Many people put their symptoms down to genetics, age, or general ill-health. However, if you’re told your condition is related to your former job, you’ve three years to make a claim.
If your employer is no longer trading, you could still claim. The company should've had Employer’s Liability Insurance, which means their insurer still needs to pay compensation.
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Can my employer dismiss me if I make an industrial disease claim against them?
It’s natural you may fear repercussions from your employer if you make a claim against them. However, the law is on your side. An employer can’t legally dismiss you or victimise you for making a claim.
Most employees are protected by legislation and an employer is likely to open themselves up to a potential employment tribunal claim if they treat you unfairly.
If you’ve sustained an injury at work, you’ve a right to make a claim against your employer, if they were responsible for your injury. Whether your claim’s successful or not, your employer can’t dismiss or victimise you just for taking them to court.
There are only a few circumstances where an employer can dismiss fairly and these are limited to situations where the main reason for dismissal is:
- Conduct
- Capability
- Redundancy
- Illegality.
- Some other substantial reason such as to justify the dismissal.
It may also be that you are able to continue working during the claim. If this is the case then generally speaking your employer will have to accommodate you and (if applicable) make reasonable adjustments to your role.
When you return to work, your employer can’t legally discriminate against you for making a claim. This means that they can’t subject you to a detriment because you’ve raised a claim. For example, they shouldn’t do any of the following in retaliation for you having brought a claim:
- Demote you
- Discipline you
- Change your working hours
- Reduce your working time rights (rest breaks, holiday, etc.)
- Reassign you
- Reduce your salary.
If you’re forced to leave your job because of any of the above reasons or for any other detrimental treatment because you brought a claim against your employer, then you may have grounds to bring a claim for constructive dismissal.
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Is there a time limit on industrial disease claims?
It’s always advisable to make a claim as soon as possible. The evidence will be easier to obtain and the details will be fresher in your mind.
Usually, you’ve three years to make an industrial disease claim. This three-year period starts from the date you became aware your symptoms could be linked to your work environment. This period doesn’t start from developing symptoms, or from an exposure or injury occurring. It’s from the date you realistically knew your illness was work-related.
As a result, you could still make a claim years or decades after the incident or exposure that caused your illness. Conditions like silicosis or asbestos-related illnesses often take over 20 years to show symptoms.
If you were working abroad when the illness/injury happened, you may have less than three years to make a claim.
If you’re claiming on behalf of a loved one who died, the three-year period starts from the date they died, or the date you received the post-mortem results. If your loved one was already making a claim when they died, the three-year limit starts on the date of their death.
If it’s been longer than three years since you found out your illness was linked to your job, a court could extend the time limit. However, this is decided on a case-by-case basis. Contact us to discuss your options.
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How can you prove I was exposed to harmful substances many years ago?
It can take years for some occupational diseases to show any physical symptoms. So, we’ll need to prove you were exposed to harmful substances as part of your work.
We’ve several methods of proving your illness is linked to your job, including:
- Speaking to colleagues, past and present, who may have witnessed your exposure to harmful substances
- Employment records from HMRC, confirming you worked in a certain environment
- Records of medical treatment you sought at the time, whether it was linked to the condition or not
- A recent medical examination that considers your working environment
- Accident reports filed with your employer
- Accident or injury data for similar incidents.
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Will I have to go to court?
When we put our case together, your employer (or former employer) can either accept blame early on or challenge our findings. If they disagree that they're responsible, we might have to start court proceedings. This can also be the case if they accept the blame but disagree with the amount of compensation that we feel you need, or if the three-year period for making a claim is due to expire.
We’ll always discuss your options with you before initiating court proceedings, but it can often lead to better outcomes. It does not necessarily mean that your case will go to Trial: most claims still settle out of court. On the rare occasion that you do have to go to court, we'll be there to represent and support you.
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Can you help me make an industrial disease claim if I developed an illness working in Scotland?
Yes, our Scottish personal injury lawyers can help if you’ve developed an industrial disease after working in Scotland.
We’ve helped many people from across Scotland to claim compensation for a range of industrial diseases.
Read more about making a personal injury claim in Scotland.
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Contact Us
If you have any more questions, don't hesitate to contact us. Our first conversation is a free consultation, with no obligation to go any further – we can discuss your case, you can ask any questions that you have, and we'll offer our expert advice. You're then free to make up your own mind on your next steps.
