Industrial Disease Claims

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The term 'industrial disease' is a blanket term used to describe over 70 different diseases, illnesses and disabilities that present a risk to employees in a wide range of industries. These diseases normally result from a worker being exposed to hazardous substances and chemicals, or from dangerous working conditions and practices. The name itself is something of a misnomer. Though many types of industrial disease originated in the manufacturing industry following its use of new materials at the turn of the last century, the range of diseases has continually increased, and now can be found in almost every major industry. The scale of the problem is complicated by the fact that such diseases often take decades to become apparent, but should not be underestimated. The HSE have reported up to 12,000 deaths each year from past exposure to harmful airborne agents. At the same time in 2008 the HSE recorded almost 3,500 deaths resulting from historical exposure to asbestos fibres.

Typical Causes Of Industrial Disease

The causes of industrial disease can be broken down into two distinct categories. Firstly there are diseases caused by noxious physical substances such as asbestos or dust, and toxic chemical or biological agents. Such substances enter the lungs through breathing, or are absorbed through the skin. The second major cause of industrial diseases is physical trauma sustained in the workplace, normally over a prolonged period. This could be exposure to excessive noise, or from a worker's body being subjected to repetitive physical strain such as vibrations. These physical factors often result from the use of defective / inadequate work equipment or poor workplace safety procedures.

Types of Industrial Disease

The most common types of industrial disease are asbestos related diseases, including mesothelioma, respiratory problems such as work related asthma, skin diseases including contact dermatitis, vibration white finger, repetitive strain injury (itself encompassing a wide variety of conditions) and hearing loss with associated conditions such as tinnitus. The goverment runs a scheme offering Industrial Injuries Disablement Benefit to injured persons, and the list of diseases, illnesses and disabilities covered is constantly expanding. In July 2009 Osteoarthritis of the knee, particularly affecting former miners became the most recent addition. Asbestosis and Mesothelioma have attracted continuing press coverage due in part to well known victims, including the former manager of the Sex Pistols, Malcolm McLaren, exposed to asbestos in recording studios, and Steve McQueen who worked with asbestos in shipyards prior to his Hollywood career. The fact that the majority of industrial diseases often manifest themselves decades after exposure to the original hazard indicates that the increase in illnesses defined as industrial disease, and the number of victims diagnosed is set to continue and probably accelerate.

Employers Must Take Steps To Prevent Illnesses At Work

An employer has a duty to take all reasonable steps to prevent employees coming into contact with substances, irritants and agents which may cause industrial diseases and illnesses. They must also ensure that physical working conditions do not expose employees to the risk of injury or illness. Regular assessments must be carried out and steps taken to eliminate, or reduce as far as possible the risks posed to workers. Contact with dangerous chemicals or excessive noise for example should be minimised, and where necessary appropriate protective equipment must be provided. An employer's duties are governed by a number of workplace regulations related to industrial disease, and in particular:

The Management of Health and Safety at Work Regulations 1999
The Control of Substances Hazardous to Health Regulations 2002
The Control of Vibration at Work Regulations 2005
The Provision and Use of Work Equipment Regulations 1998
The Health & Safety (Display Screen Equipment) Regulations 1992
The Control of Asbestos at Work Regulations 2002
The Control of Asbestos Regulations 2006
The Noise at Work Regulations 2005

Industrial Disease Claims And Compensation Awards

Employees who have been exposed to an industrial disease should use a regulated solicitor to begin a compensation claim within 3 years of the date that they first had knowledge of the following facts:

a). That their injury was significant.
b). That their injury was caused wholly or in part by the negligence and/or breach of duty of their former employers.
c). The identity of your former employers

Industrial disease claims can be brought against one or more employer, and against businesses that no longer exist presuming that the original insurance company can be traced. In certain cases where the location of the exposure to the cause of the disease cannot be confirmed, industrial disease claims may even be brought against the government. Compensation will reflect a variety of factors, including the type and severity of the medical condition, the cost of past and future medical care, the loss of past and future earnings, pain and suffering and all expenses incurred in making a claim. Bartletts Solicitors are specialists in the field of industrial disease claims. We work on a no win no fee basis meaning you will not have to pay any legal fees, win or lose.

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