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Claiming Compensation for Industrial Disease

Everyone has the right to work in an environment which is as safe as it can be, and this means employers should follow modern health and safety regulations to avoid accidents from happening. According to the Health and Safety at Work Act 1974, employers are legally required to make sure the working environment does not put the health of the employees at risk. Occasionally, however, these rules aren’t followed – and this means you may have been injured as a result.

If you’ve developed a work-related illness caused by your employer’s negligence, then we know how difficult that can be to come to terms with. You may be able to claim compensation to cover the impact it’s had on your life and those around you.

Types of industrial disease you can claim compensation for

Illnesses and conditions caused by negligence in the workplace sometimes develop over a very long time, and can be painful, distressing and debilitating. Some examples of the most common industrial illnesses which you may be able to make a claim for include:

It’s important to remember though that these are just examples – if your own experience isn’t listed above, then please don’t worry. If you feel that you’ve developed any industrial disease as a direct result of negligence on the part of your employer, then you should speak to a legal adviser for free on 0800 234 6438, or submit the online claim form to request a call back.

DID YOU KNOW: In 2017, 2526 people in Great Britain died as a result of mesothelioma.

How much compensation will I receive?

Your solicitor will look at your case in detail so that they can get a good understanding of the effect your industrial illness has had on your lifestyle and finances, and they’ll do everything they can to get you the full amount of compensation you need.

When calculating the amount of compensation you’re owed, they’ll take a number of factors into consideration, including:

To get an idea of how much money you could claim, you can try our online compensation calculator which gives you an estimated figure based on your answers to some quick questions. The figures provided by this calculator do not include compensation for financial losses (such as loss of earnings, medical expenses, etc).

Starting a compensation claim for an industrial illness

If you think you’ve developed an industrial disease due to an employer’s negligence, you can call a trained legal adviser for free on 0800 234 6438. They’ll be able to let you know whether they think you can make a claim and can answer any questions you may have.

If you decide you’re ready to go ahead, you’ll be passed on to a solicitor who will ask some more questions about your case and will make your claim on a no win no fee basis. Quite simply, this means you don’t have to pay anything unless you win compensation.

To make a claim, your solicitor will need to gather evidence which shows that your employer was negligent. This means they’ll have to prove that they failed in their duty of care to you, and you suffered as a result.

To help your case, it can be useful for you to write an account of the effect your illness has had on you and your everyday life while it’s still fresh in your memory. If possible, you should also keep records of all the financial expenses you’ve had to pay as a result of your illness.

After your initial consultation with your solicitor, they’ll also arrange for you to be examined by a medical expert who will take into consideration the cause of your condition, the extent of your suffering, and the effect it’s had on your life. This information will then be used to help build your compensation claim.

How long do I have to make a claim?

In most cases it’s best to contact a personal injury lawyer as soon as possible to give yourself the highest chance of making a successful case – there’s normally a three-year time limit, after which it’s too late to start a claim. However, with industrial diseases this three-year period can usually be counted from the date when you first realised you had the illness, which may be years after you left the job which caused the problem.

The employer that caused my illness has gone out of business, can I still claim?

The simple answer is yes – your injury solicitor will attempt to trace your former employer’s insurers and bring a claim on your behalf. It doesn’t matter if your ex-employer has ceased trading or gone out of business.

Will I lose my job if I claim against my employer?

Companies are required to have insurance, so if you make a claim against your employer, their insurer will pay the compensation. There are also laws in place to protect against the unfair dismissal of an employee because of a compensation claim.

What if I don’t know where I contracted my industrial disease?

If there’s more than one possible cause of your industrial disease (for example, if you were exposed to asbestos in more than one job), then you’ll be assessed by a medical expert and liability will be allocated among your former employers according to the evidence.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.