When making an industrial disease claim how do I prove my employer is at fault?
There are several Regulations which are designed to protect workers from the effects of high exposures to vibration, asbestos, noise, heavy lifting and toxic gases or substances. Your employer is under duties by virtue of these Regulations to ensure your work and work equipment is appropriately risk assessed, whether you are working on site or not. In certain circumstances you also have rights to request health and safety information about the work you are doing, what you are exposed to and what effect it can have upon you. If they have not done either, your employer may have breached their duty of care towards you which may cause you injury or illness.
How do I know whether my work has caused my injuries and/or illness?
Many industrial diseases have multiple causes. For example, in addition to noise hearing loss and tinnitus can be caused by ear infections, head injuries, side effects of some medicines and stress. Specialist expert evidence will be required to find out what is causing your condition and in particular whether it is related to your work. It is important that if you think you have an injury or illness as a result of your work to report it to your manager, record it in the accident book and go to see your doctor.
Can I still make an industrial disease claim if my employer has gone out of business?
Even if your employer has gone out of business you may still be able to claim. Most claims are paid by employer’s liability insurance, which has been compulsory for all employers since 1972. It is possible to trace insurers and at EAD we have a database designed specifically for that purpose. Once the insurance has been traced your solicitor can restore your employer and put them back into existence for the purposes of your claim and obtain compensation from your employer’s insurers if successful.
I have been diagnosed with an industrial disease.How long do I have to make a claim?
Many employers will challenge a claim on the basis that it is out of time. There are strict time limits for bringing claims. Broadly speaking you have 3 years from the date your condition becomes symptomatic and you are aware that your condition is because of your work, or the judge decides your condition is because of your work. In many instances a judge may decide that until you saw your doctor and were advised you have an industrial disease you may not have been aware of the link between your symptoms and your work, but this is by no means guaranteed and it is best to seek legal advice as soon as you notice your condition. Once your solicitor is in possession of all the evidence in your case it is usually possible to advise you how likely it is that your case is in time or if not, whether a judge may allow your claim to proceed anyway. At EAD we have successfully persuaded judges to set aside the usual time limits on many occasions.
How much will it cost me to claim for industrial disease?
The claim will not cost you one penny. At EAD we will provide a free initial consultation and if we require further evidence we will undertake that work for you without charge. If we determine you have sufficient evidence to succeed in your claim we will enter a ‘No win no fee’ agreement with you and take out appropriate insurance to ensure you are covered in respect of legal costs. If we determine at that point your claim would not succeed we shall advise you why and close our file of papers without any charge to you.
How long does an industrial disease claim take to settle?
We aim to deal with all industrial disease claims as quickly and efficiently as possible. Many claims are resolved within 9-12 months and we aim to deal with all claims within 24 months of first instruction. There will sometimes be complicating factors which may take additional time to unravel, for instance if you have worked for a lot of employers or if insurance details prove difficult to trace. However you can rest assured that at EAD our expert team will identify the issues as quickly and efficiently as possible and keep you fully informed along the way.
If this page has failed to answer your questions on industrial disease compensation claims, use Ask EAD – our ask a solicitor service provides free legal advice for all of our legal services.
Extremely happy with the outcome of my Personal Injury Claim and can only thank Paul McCarthy and his team at EAD Solicitors and also Tim Trotman my barrister arranged by EAD, for all their work and efforts on my behalf. As such I would highly recommend EAD to anyone in need of their service. Once again thanks to all involved.
Brodie Martin, Merseyside
Excellent, very professional, approachable when I needed advice. I would just like to say thank you to your staff.