Industrial diseases can have devastating effects on sufferers and their families. This guide to the claims process is intended to provide much needed and useful information.
We firmly believe that everyone should have access to industry-leading legal support when they need it most, regardless of financial position. This is why we offer all our industrial disease clients funding under a No Win No Fee agreement. It means that there are no upfront costs to pursuing legal action and, if your case is lost, you won't have to pay a penny. Therefore, there's no financial risk to you.
Not only do we offer all our clients who have an asbestos related disease funding under a No Win No Fee agreement, but we'll also not charge anything if you win your case, meaning you'll get to keep 100% of your compensation.
Every employer has a duty of care to protect their employees from harm. Where employers have failed in that duty, and you have suffered an industrial disease as a result, you may have the right to compensation.
Slater and Gordon has a large team of specialists across the country who have a vast amount of experience when it comes to cases of industrial disease. Some of the most common cases of industrial disease we work on include:
Asbestos related illnesses, such as mesothelioma, asbestos related lung cancer, asbestosis and pleural thickening - we also deal with pleural plaques in Scotland
Occupational cancers, such as bladder cancer, lung cancer, nasal cancer and skin cancer
This list is not exhaustive, so no matter what your illness, if it's been caused because of your employers' failure in their duty of care, contact our specialist industrial disease team who will advise you on whether or not you have a claim for compensation.
How do I know if my industrial illness was caused in a workplace?
There are some industrial illnesses that can take many years to develop, and it could be decades before you begin to notice symptoms. This can sometimes make it difficult to link your illness with your previous employment.
However, certain illnesses can only be caused by excessive exposure to certain hazards, and there are many legal cases with link certain medical conditions to a particular job role or occupation.
If you’ve been diagnosed with an illness or disease commonly associated with your previous occupation, there is a good chance you could be entitled to industrial disease compensation. Our legal experts will discuss the circumstances of your case and, if they think you’ve got a claim, we will arrange for you to see an independent medical expert who will be able to identify the likely cause of your illness.
Can I make an industrial disease claim?
Industrial disease claims can be incredibly complex as many illnesses can take years to develop symptoms. When you reach out to our legal experts, we’ll discuss the circumstances of your case and your previous employment to determine whether you could be eligible for compensation.
Am I eligible to make an industrial disease claim?
The best way to determine if you’re eligible to make a claim is to reach out to our team. We will need to take a statement from you concerning the nature of your illness, including your diagnosis, any symptoms and any affect on your everyday life. We'll also take full details of your work history and how you came to suffer your illness.
With cases such as asbestos-related illnesses, where exposure happened many years' ago, it can often be difficult to remember some of the details. It can help to initially write down a timeline; try to remember who you worked with and projects you may have worked on there. If you remember anyone you worked with at the time, we can look at contacting them to see if they're happy to make a witness statement in support of your claim.
Can I make a claim if the company no longer exists, or if I was self-employed or on a zero-hour contract?
If the company believed to be responsible for your illness no longer trades, it can still be possible to claim compensation. We’ll look at all the evidence available and will pursue your claim against the company’s previous insurer.
Those who are self-employed or on zero-hour contracts can still be eligible for compensation; all employees have a legal right to be safe in their workplace, regardless of whether a contractor or third-party has hired you, or you are not a permanent or full-time member of staff.
How to start an industrial disease claim
Starting a compensation claim can be daunting, but our legal experts will be with you every step of the way to provide expert support and guidance. The first step is to get in touch by calling 0330 041 5869 or reaching out online. Our solicitors will then evaluate your case and advise you on whether you could pursue a claim. We’ll then take you through the process one step at a time:
We will need to prove your employer is responsible for your illness; to do this, we’ll investigate your working environment and arrange for you to see a medical expert who will examine your condition
Once we have all the information to hand, we’ll evaluate your claim and work out how much compensation you could be entitled to. We’ll then submit your claim, either to your employer or their insurers.
We can also secure access to rehabilitation and treatment, depending upon your requirements, to ensure you get the support you need
We’ll keep you informed of your case’s progress at every stage, working hard to securing the maximum possible compensation.
What evidence do you need to prove your case?
It can take many years for the first symptoms of an industrial illness, such as asbestosis or silicosis, to show, so it is important that we collect all the necessary evidence to prove your case. This could include:
Witness statements from colleagues, past or present
Employment records from HMRC
Medical records detailing any treatment or diagnoses you have received
A recent medical report, prepared for the court
Any accident reports filed during your time in work
How much compensation could you receive for an industrial disease?
Once we have all the necessary evidence in the case, we can work out how much compensation you should receive so we can request this from the other side's insurers. To do this, we draw up a document called a 'schedule of loss'. This document is usually split into two sections:
General damages: this is the amount you receive for your pain, suffering and loss of enjoyment of life. In order to reach this figure, there are guidelines in place known as the Judicial College Guidelines and we also use previous similar cases which have appeared in court. By using your statement and medical evidence we can review what your general damages are worth.
Special damages: this is designed to put you in the same financial position as you would have been had you not developed your illness. Therefore, any financial expenses you've incurred, both past and in future, are listed in this section. Such expenses can include: loss of any earnings (including future loss), loss of pension, rehabilitation and treatment, care costs, aids and equipment, and travel expenses to medical appointments.
We'll begin negotiating your case as soon as all the evidence we need is to hand and we know what compensation you deserve. Offers may be made by us and also by the other side. How long this will take is difficult to say as it depends on how close the amount each side has put forward is. However, if the claim has been registered with the court, there will be a strict time frame in which each party have to do this. It's rare that an agreement isn't reached within the time frame fixed by the court, but in those circumstances, it may be necessary to attend a court hearing for a judge to decide. If this were to happen, your specialist solicitor would be by your side every step of the way.
Contact our industrial disease solicitors for expert legal advice
Industrial disease cases are often very complex, and pursuing legal action can be daunting. Our expert solicitors have supported many hundreds of clients in accessing the compensation that they deserve. We offer a free, no obligation consultation to discuss your case and answer any questions you may have, as well as explaining the options available to you moving forward.
To find out how we can help you, speak to a member of our dedicated industrial disease team on 0330 041 5869 or request a call back.
We are an award winning law firm and have a dedicated team of industrial disease solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of asbestos claims. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
Tailored advice
We understand that every claim is different – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Speak to one of our industrial disease experts today