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Industrial Disease claims are claims brought for injuries and conditions caused by your past or present working environment.

They differ from accidents at work because:

they sometimes take a long time to show;
exposure to the cause of the illness may have occurred some time ago
more than one employer (including former employers) may be liable.

They are caused by noisy, dusty, or dirty working environments, jobs which require the use of power tools, or by exposure to chemicals or other toxic substances.

Claims for industrial disease include the following:

Mesothelioma - a disease which is almost always caused by exposure to asbestos (either directly or indirectly) and which leads to cancer affecting either the pleura (lining of the lung) or the peritoneum (lining of the abdomen). It can take up to 40 years for symptoms of Mesothelioma to develop.
Asbestosis - caused by breathing in tiny particles of asbestos over a long period of time. It is characterised by a dry, almost constant, cough and shortness of breath. It is a chronic condition which may develop into Mesothelioma.
Vibration White Finger - a condition which affects the fingers and hands, causing blanching (whitening), numbness, and a tingling sensation. It is caused by the use of vibrating power tools, e.g. pneumatic drills, road plating machines, and chainsaws. Vibration White Finger and related conditions such as Carpal Tunnel Syndrome and De Quervain’s are collectively called Hand Arm Vibration Syndrome (HAVS) claims.
Industrial/Work-Related Deafness, alternatively known as Noise-Induced Hearing Loss claims - are caused by exposure to a noisy working environment, usually over a contracted period, where your employer fails to provide hearing protection or the protection provided is inadequate. A claim can also be brought for a partial hearing loss or for a related condition such as Tinnitus (a ringing, buzzing or hissing sound in one or both ears). This type of injury is sometimes called a “creeping” injury because the symptoms develop slowly. It occasionally takes somebody else to point your symptoms out to you.
Dermatitis is associated with exposure to chemical or biological substances leading either to irritation or allergy ("Contact Dermatitis"). Both conditions lead to flaking and blistering of the skin which can, in turn, cause severe itching and/or bleeding. Dermatitis can also be caused by a long period of contact with water. Sufferers include those working within agriculture, the Health Service, and catering.
Asthma can be caused or exacerbated by exposure to a dusty working environment. Such exposure is called "Occupational Asthma" in order to distinguish it from "Congenital Asthma" (asthma that is present either from birth or which develops during childhood).

For all potential industrial disease claims it is important that you seek medical advice as soon as you show any symptoms. Your GP will take a history and may ask you about the work that you do now or have done in the past. If you have the opportunity you should ask your doctor whether he believes your symptoms are related to that work.

Even if your GP is unable to give you a definitive answer, if you think you have any of the above you should seek legal advice immediately.

It is helpful if you bring with you to your first appointment details of your employment history, i.e. who you worked for and when, your job title, and the nature of the work you did for each employer.

While tobacco smoking will not help lung and chest conditions such as mesothelioma and asthma, being a smoker (either now or in the past) does not necessarily mean that you cannot pursue a claim.

For an initial chat, to obtain further details, or to arrange your first (FREE) interview, please contact us.

Frequently Asked Questions

How much will it cost me?
There are a number of ways of funding such claims, for example:

(a) Legal Expenses Insurance (often attached to household insurance).

(b) Trade Union Funding

(c) Conditional Fee Agreement (often known as no win, no fee)
Who will pay me my damages?
The employer who exposed you to noise will have had employer liability insurance. It is essential to your claim that we find out who these insurers are as they will be paying you your damages.
Who pays the legal fees if my case is successful?
If your case is successful and you receive compensation our legal fees will be paid by your employer’s insurance company.
What is Vibration White Finger?
Vibration White Finger is a condition which affects the fingers, hands and arms resulting in symptoms such as aches, pains, tingling sensations and numbness. Other conditions which are related to Vibration White Finger include Carpel Tunnel Syndrome and Hand Arm Vibration Syndrome, both of which are also associated with exposure to vibration beyond normal levels.

Vibration White Finger is associated with occupations involving the use of vibrating power tools such as pneumatic drills, chainsaws, power drills, rock drills and vibrating plates. Workers at risk of developing the condition include forestry workers, workers in the construction industry, road workers and workers in the engineering industry.

Advice on making a compensation claim for Vibration White Finger:

There are guidelines in place to protect workers using equipment which may cause Hand Arm Vibration Syndrome. It is the responsibility of the employer to ensure that training and safety equipment are provided, regular breaks are taken and all equipment is regularly maintained when using vibrating power tools.
If you believe that such provisions have not been made by your employer and that this may have contributed to your condition, you should seek advice from a specialist solicitor. You may be entitled to claim damages for your condition as well as associated loss of entitlements, earnings and benefits. You may be eligible to claim for your illness on a "no win no fee" basis. This option will be discussed with you during your initial consultation with a Fosters Vibration White Finger solicitor.
What are the symptoms of hearing loss?
At first, sufferers may just have difficulty hearing the television or taking part in a conversation in a noisy room. However, the problem is likely to worsen until your hearing capacity is generally muffled.

Tinnitus

Some people may suffer from Tinnitus. For some people, Tinnitus can be a low frequency noise, such as humming, murmuring, rumbling or deep droning.

Other people with Tinnitus experience musical hallucinations, where they repeatedly hear musical tunes or songs in their head.

Some people with Tinnitus are more sensitive to normal, everyday sounds than others. For example, a person with Tinnitus may find that a radio or television is painfully loud when it is at a normal volume for most people.
What types of industrial disease are likely to form part of your asbestos compensation claim?
There are two types of lung disease that are likely to form part of your asbestos compensation claim:

1. Asbestosis

Scarring of your lungs caused by exposure to asbestos fibres over many years. As the lung scarring becomes worse you will notice shortness of breath, coughing and quite often weight loss. Asbestosis can cause lung cancer.

2. Mesothelioma

A rare type of cancer - it can be caused by a single asbestos fibre becoming embedded in the thin lining, known as the "mesothelium", surrounding your internal organs.
What is a dust related lung disease?
Many jobs, such as mining or stone cutting, require workers to be exposed to a large amount of dust all day. This dust can be very fine - if it reaches your lungs damage can be caused and over a long period of time this damage can lead to a lung disease.
Why does dust reaching your lungs cause damage?
Not all dusts are dangerous, but some dusts when they reach your lungs can cause irritation or a chemical reaction - both of which can lead to scarring of the lungs called "fibrosis". As time goes by the scarring becomes worse leading to lung disease.
How can I help you progress my claim?
We will be asking you for information regarding your employment so that we can trace your employer and prove that they were negligent which resulted in you receiving an industrial injury. The more information you can give us the better.
Can I make a claim if my employer is no longer trading?
If we can trace their employer liability insurer for the time you were employed by them then we can make a claim.
How long will my claim take?
Most claims take between eighteen months and two years. We will try and move your case forward as quickly as possible.