What Are Your Rights When You Suffer an Industrial Disease?

Industrial diseases develop as a result of someone's prolonged exposure to dangerous working conditions. Examples of these include asbestos-related illness, hearing loss, and repetitive strain injuries. However, many people do not know their rights when and what to do when they suffer from a work-related illness. In this blog, the team of industrial disease solicitors at Eatons outlines how they can help.

What is an Industrial Disease?

An industrial disease is an illness that results from prolonged exposure to hazardous or unsafe working conditions. It differs from workplace accidents in that it is not a sudden accident; instead, it develops over time. It may take years until the victim is diagnosed.

For example, it may take years following prolonged exposure to asbestos for someone to develop asbestosis. The same goes for noise-induced hearing loss. This is because the illnesses develop slowly and may not manifest until many years later. In some cases, it may even happen after retirement.

What are an Employee's Legal Rights?

Under the Health and Safety at Work Act of 1974, employees have a right to work in a safe environment. As such, the employer has a duty of care. They must provide adequate training, protective equipment, and risk assessments to allow their employees to work safely.

It means that employees suffering from illness after working in an unsafe environment can claim compensation. However, to make a claim, the employee must prove negligence. Over the years, many scandals involving workplace disease have broken out. An example of this is theTurner & Newall Asbestos scandal.

Turner & Newall, the world's former largest producer of asbestos tiles, was guilty of allowing its employees to work in areas without protective equipment. However, despite their awareness of employees contracting asbestosis, they continued to expose them to asbestos fibres. As a result, victims and their families pursued industrial illness claims against the company and its insurers.

How To Make an Industrial Illness Claim

Making an industrial illness claim involves several key steps. Understanding each can make the process smoother for victims seeking compensation.

Getting a Medical Diagnosis

Step 1: Obtain a medical diagnosis. A formal diagnosis from a GP or specialist is essential. This proves the illness is linked to unsafe working conditions.

Once you have an initial medical diagnosis your solicitor will arrange to obtain a detailed medical report which serves as evidence for the claim and helps the solicitor build the case.

Gathering Evidence

Even though it is impossible to start the claim without a medical diagnosis, a solid case needs to rest on more evidence.

This includes:

• Details of work history are especially useful if the victim worked for a company that regularly broke safety regulations.
• Evidence of unsafe conditions, for example: photographs of unsafe workstations, accident records, and the absence of protective equipment.
• Witness statements, collecting statements from former colleagues, will prove invaluable to the solicitor when they build the case.
• The court will need medical evidence; therefore, it is essential that the victim provides a copy of their medical records. A history of occupational asthma, carpal tunnel syndrome, or any other industrial disease makes filing the claim easier.

Filing The Claim

Once you have collected the relevant evidence, you can talk to a solicitor who specialises in industrial illness. Based on the evidence presented to them, they can trace old employers or their insurers, build up a case, and handle the legal procedure. Even if the victim's employer is no longer in business, they can claim against them.

However, it is important to act quickly. Any claim for industrial disease must be filed within 3 years of the victim being diagnosed with a work-related illness. At Eatons, we represent clients suffering from all manner of industrial disease from work related skin diseases to Hand Arm Vibration Syndrome.

Speed is of the Essence

Employees have the right to claim compensation if they suffer from an industrial illness. However, an industrial illness claim or occupational disease claim goes beyond securing financial compensation; it holds negligent employers accountable.

But, the statutory limitation set a 3-year time limit from when the illness was diagnosed. This means the victim must act quickly. That is why at Eatons, we advise those suffering from industrial illness to contact us as soon as possible.