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Industrial Disease Claims
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.
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