Three years from either diagnosis or the onset or worsening of symptoms.
Industrial Disease Claims: What You Need to Know
Industrial diseases are illnesses, conditions or injuries that an employee sustains in the workplace or while attending an approved employment training scheme or course. These conditions may result from exposure to hazardous substances or unsafe workplace practices, and some employees might experience a worsening of pre-existing conditions due to workplace negligence.
Employees can claim compensation for suffering or loss of earnings due to an industrial disease. The industrial disease claim process can be complex, and there is often a requirement to prove a link between the illness and workplace conditions, so if you’re thinking of making a claim, enlist an industrial disease solicitor to ensure that the process is as smooth and stress-free as possible.
Read on to discover the types of work-related disease, whether you’re eligible to make an industrial illness claim and how to initiate the industrial disease claims process.
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Common types of industrial disease
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Acoustic Shock
Acoustic shock is a psychological shock response that occurs from exposure to a sudden, brief, and unexpected loud sound. The sound is typically high-pitched, such as microphone feedback, alarm signals, or whistles, but it can occur after any type of sound.
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Tinnitus
Tinnitus is the name for hearing sounds – typically buzzing or humming – that have no external source but come from within the ear(s). Hearing hissing, throbbing, music, or singing are also symptoms of tinnitus.
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Industrial Deafness or Blindness
Industrial Deafness: Caused by prolonged exposure to high noise levels, this condition leads to partial or total hearing loss in one or both ears.
Industrial Blindness: This refers to vision impairment caused by workplace accidents or exposure to harmful conditions, such as bright lights.
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Skin Diseases
Work-related skin diseases are most common in high-risk jobs and are caused or made worse by exposure to substances such as chemicals, by having consistently wet hands, and by prolonged sun exposure. The most common of these skin diseases is dermatitis, but urticaria and skin cancer are also major issues.
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Welding Injuries
Exposure to toxic fumes can cause irritation to the eyes, nose, and throat, along with other health complications. Common illnesses and injuries caused by welding accidents include burns and skin effects, electric shock, respiratory complications, and vision loss.
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Respiratory Diseases
Work-related lung conditions include asbestosis, caused by swallowing small asbestos fibres; black lung disease, caused by coal dust inhalation; silicosis; hypersensitivity pneumonitis; byssinosis; and occupational asthma.
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Toxic Substances
Hazardous substances in the workplace include the following:
- Biological agents, such as bacteria, fungi, and viruses
- Chemical products, such as adhesives and cleaning agents
- Natural substances, such as grain or enzyme dust
- Work-generated substances, such as wood dust or welding fumes
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Repetitive Strain Injury
One of the most common industrial conditions is repetitive strain injury, a term used for pain caused by repeated movement of part of the body. This pain can be felt in many parts of the body but is most commonly felt in the elbows, shoulders, fingers, and wrists. Typing is one of the most common causes of repetitive strain injury.
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Potential Causes and Risk Factors
Respiratory hazards in the workplace can originate from gases, vapours, dust, powders, pastes, mists, fumes, smoke, and sprays.
Physical factors such as vibration, radiation exposure, noise, and high temperatures are also major risk factors.
Respiratory diseases such as asbestosis and black lung disease can be caused by inhaling gases, vapours, or dust in the workplace.
What can you claim compensation for?
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Medical Expenses
Medical expense claims are a part of industrial disease compensation claims, and they can cover the cost of your treatment, rehabilitation, or ongoing medical care. Expenses can also include travel to and from medical appointments, prescription charges, and therapy sessions. In these cases, medical records and medical diagnoses play an important roles in medical claims expenses.
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Financial Loss
You can claim compensation for any financial loss resulting from an industrial disease or condition, including loss of earnings (if you need to take time off work or suffer permanent job loss) and reduced earning capacity (if the disease affects your long-term ability to work).
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Emotional Suffering
You can claim compensation for mental or emotional distress caused by the condition. This can include reduced quality of life caused by the disease.
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Long-term Care Requirements
If you require any form of rehabilitation or a stay in a care facility due to the condition, you can claim for any other medically necessary costs, known as special damages.
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Time Limits for Industrial Disease Claims
Should you suffer from an occupational condition, you’re required to claim compensation within three years of receiving a diagnosis or from the onset or worsening of your symptoms.
Even if the employer is no longer trading, compensation is often still possible, as the business should have had Employer’s Liability insurance.
FAQs
Can a person claim for industrial disease after the death of the working person?
Yes. If the affected employee has died, their family members like spouse, dependant or legal representative can claim on their behalf.
The compensation received can contribute to funeral costs or bereavement damages. The claim must be made within three years from the date of death or from when the post-mortem results were received.
What if I worked in hazardous conditions years ago?
Although there is a three-year time limit for making an industrial disease claim, there is no time limit (except for several conditions: industrial deafness, asthma and cataracts, for example) for claiming Industrial Industrial Disease Disablement Benefit.
However, the claim can only be backdated by three months.
How do I make an industrial disease claim?
Speak to a Cordus Law specialist in industrial disease compensation claims. As there is often a requirement to prove a causal link between the illness and workplace conditions, a legal expert is primed to take the claim forward, giving you peace of mind and the best possible chance of success.
Your industrial disease solicitor will keep you updated at every stage, communicate in simple, jargon-free language, and manage any paperwork to be submitted.
Is there any cost associated with the process of claiming industrial disease compensation?
Many solicitors will work on a no win, no-fee basis and provide a free initial consultation regarding industrial disease compensation, so no payment is required unless the claim is successful.
Where there are costs involved, it’s essential to discuss these with the industrial disease solicitors in the early stages, as this allows you to manage your financial expectations and budget accordingly.